Privacy Policy

Effective Date: 4/8/2022

Introduction

The Senior Medicare Patrol National Resource Center (hereinafter referred to as “we” or “us” or the “SMP Center”) is funded in part by a grant (No. 90MPRC0002) from the Administration for Community Living (ACL), U.S. Department of Health and Human Services (DHHS).  We (are governed or operated by the) Northeast Iowa Area Agency on Aging, Inc. (herein after referred to as (“NEI3A”). NEI3A is a private, not-for-profit corporation that governs the SMP Center to coordinate services and programs for older persons in an effort to respond to their evolving needs and choices by having access to supports that empower them to live with choice and dignity in their communities.

 

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, your choice is to not use our website.  By accessing or using this website, you agree to this privacy policy.  Please note this policy may change from time to time.  Your continued use of this website after we make changes is deemed to be acceptance of those changes so, please check the policy periodically for updates.

 

About this Privacy Policy

 

This Privacy Policy describes the type of information we may collect from you or that you may provide when you visit the website, www.smpresource.org (our “website”) and our practices for using, sharing, collecting, maintaining, disclosing and protecting your anonymous and personally identifiable information provided by you, and collected from you, by using our website. This Policy also explains your choices regarding how we may share your personal data, communicate with you, how you can request access to, and correction of, your personal data, and other important considerations. We do not sell the personal data of our users.

 

When we refer to “personal data” in this policy, we are also referencing “personal information,” as defined under California law.  Please note that except as described in this Privacy Policy, we do not share your personal data. Additionally, we will never sell your personal data.

 

This Policy applies to the information we collect:

  • On our website; and
  • In email, text, and any and all other types of electronic communications sent between you on and/or through this website.

 

We think carefully about our use of personal data and are committed to protecting your privacy. Below, you can read what we do to protect your privacy. This Privacy Policy covers, among other topics:

  • Information about your rights, the choices available, and our legal obligations to you;
  • Transparency about how we collect and use your personal data;
  • Information on how we protect your personal data; and
  • Information on how we will facilitate your rights and respond to your questions.

Please note that our website contains links to other websites (examples include, but are not limited to, the Federal Trade Commission (FTC), the State Health Insurance Assistance Program (SHIP), or Twitter) and/or services unassociated with the SMP Center. These websites and services have their own privacy policies and terms of use. If you follow a link to these websites, we recommend that you read their respective privacy policy and terms of use.

Types of Personal Information We May Collect

 

We collect several types of information from, and about, users of our website. This information may include, but is not limited to, data when you visit our website, your personal data if you fill out the Contact Us page or profile section of our library, subscribe for services or when you communicate with us through our website. If we collect your personal data, it will be in accordance with applicable federal and state laws. We will only collect personal information if we have a legitimate need and will only keep that information for as long as it is necessary. We will never sell your personal data.

 

The collection of your personal data when you create an account for an SMP Center service, communicate with the SMP Center through our website, or provide personal data to us directly, may include, but is not limited to, the following information:

  • Your first and last name;
  • Email address;
  • Phone number;
  • Address;
  • Organization name;
  • Limited data from your social media profile (further information on this is below); and/or
  • Your profile image photograph.

This personal data may personally identify you.

Users may update their personal data in their account or contact us using the Contact Us information at the end of this policy to request edits and/or the removal of details in your profile account. Users must contact us to update your email address and/or to delete your account.

The generation of personal data about you when you use our website, from cookies or similar technology to collect data, may include, but is not limited to, the following information:

  • Your IP address (a numerical code to identify your device, together with the country, region or city where you are based);
  • Information on how you interact with our services;
  • Your browsing history of the content you have visited on our website, including how you were referred to our sites via other websites; and/or
  • Details about your computer, mobile, TV, tablet, or other devices, for example, the unique device ID, unique vendor or advertising ID and browsers used to access our content.

This personal data is about you but does not identify you individually. Personal data when you post comments to us on other social media sites:

  • If you mention us in posts on social media sites or share news from our website to social media sites, then we may collect the contents of your public comments and postings, including your social media handles. For example, when you mention us in a tweet, we may collect your tweet and Twitter username.

When you post publicly (example: comments) on our social media posts:

  • When you post on a social media discussion board or comment publicly on a post from us on a social media platform, the personal data you post, including your username and other information about yourself, are publicly accessible. This personal data can be viewed online and collected by other people. We are not responsible for the way these other people use this personal data. When contributing to a discussion, we strongly recommend you avoid sharing any personal details, including information that can be used to identify you directly such as your name, age, address, name of employer, etc. We are not responsible for the privacy of any identifiable information that you post in this manner.

Children Under the Age of 13-years-old

This website is designed solely for adults and not intended for children or minors under the age of 13. No one under the age of 13 may provide any information to, or on, our website. We do not knowingly collect personal information from children under the age of 13.  If you are under the age of 13, please do not use or provide any information on this website or through any of its features. If we learn we have collected or received personal information from a child under the age of 13 we will delete that information.  If you believe we might have any information from or about a child under 13 years of age, please contact us using the contact information listed below under the “Contact Us” section of this policy.

Personal Information Collection

The ways we may collect this information, includes, but is not limited to:

  • Directly from you, when you sign up for services, contact us, when you browse our website, when you report a problem with, or through, our website, and/or subscribe for a service.  This includes registering to attend any of our educational trainings or information events, signing up for subscription-based service, signing up to receive our news publication, or to receive communications;
  • Records you provide to us and/or copies of your correspondence, if you contact us, such as contacting us via email;
  • Personal data we generate about you, e.g., personal data we use to authenticate you, or personal data in the form of your IP address or your preferences, including when you access and interact with our website and use a mobile device to access our content;
  • Personal data we collect from third parties, e.g., personal data that helps us to combat fraud or which we collect, with your permission, when you interact with us through your social media accounts and platforms, such as posting comments online, mentioning the SMP Center, or contacting us via social media or similar technology; and/or
  • Automatic data collection technologies, such as through cookies and other similar technology.

     

    Automatic Data Collection Technologies

As you navigate and interact with our website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns. These technologies may include:

  • Google Analytics; to gather statistics about browsing behavior on our website;
  • Facebook Pixel; to serve ads to users based on their prior visits to our website and elsewhere online and to measure ad conversion;
  • Cookies; which are small files placed on the hard drive of a user’s computer.  A user may refuse to accept browser cookies, however disabling this may make certain parts of our website inaccessible;
  • Flash Cookies; which may be use local stored objects to collect and store information about your preferences and navigation to, from, and on our website.

 

The information we collect automatically is statistical and does not include personal information.  We may maintain this data or associate it with personal data we collect or receive from you. This information helps us to improve our website.  Additional information about these technologies is located below in the “Cookies and Similar Technologies” section of this Policy.

Sharing Personal Information

 

Personal data is any information about you by which you can be identified or be identifiable. This can include, but is not limited to, the following information:

  • Your name, date of birth, email address, postal address, phone number, organization, supervisor name;
  • Information about your device (such as the IP address, which is a numerical code to identify your device that can provide information about the country, region or city where you are based); and
  • Information relating to how you use and interact with our website, social media pages, and services.

How We May Use Personal Information

 

We use personal data collected through our website only when we have a valid purpose and the legal grounds to do so (for example, to speak with a user who requested information about Medicare fraud). We determine the legal grounds based on the purposes for which we have collected your personal data.

 

Legal grounds

Legal grounds may constitute one of the following:

  • Consent: For example, where you have provided your consent to receive our Newsletter. You may revoke your consent at any time by using the SafeUnsubscribe® link, found at the bottom of every email with our Newsletter.
  • Performance of a contract with you (or in order to take proper steps prior to entering into a contract with you): For example, where you have created an account and registered to become a trainee or for a Resource Library Access and we need to use these contact details to process and deliver your subscription.
  • Legal compliance: In some cases, we may have a legal obligation to use or keep your personal data.
  • Our legitimate interests: Where it is necessary for us to understand our users, promote our services, and operate our website efficiently for the creation, publication and distribution of news, media, and related content online.

Examples of instances we rely on our legitimate interests to use your personal data include:

  • When we analyze what content has been viewed on our website so that we can understand how our content is used and improve upon it;
  • To show you personalized advertising by identifying your interests and to create “segments” of particular types of audiences so that we may show you advertisements that may be more relevant to your interests and the ‘’segments’’ you may be in. These ‘’segments’’ are also used to build custom audiences so that we can identify our audience across third party websites, such as social media platforms, like Facebook;
  • For internal administrative purposes regarding your use of our services and to make you aware of any changes to our services;
  • To collect and log IP addresses to improve our website and monitor website usage;
  • To personalize our services by remembering your settings, and recognizing you when you sign in on different devices;
  • For security and fraud prevention, and to ensure that our website is safe, secure, and used in accordance with our terms of use; and/or
  • Enabling you to share our content with others using social media or email when responding to your questions and comments.

Other Uses for Personal Information May Include:

  • To present our website and its contents to you;
  • To provide you with information, products, or services you request from us;
  • To fulfill any other purpose for which you provide it;
  • To provide you with notices, such as account expiration or renewal notices;
  • To notify you about changes to our website or any products or services we offer or provide through it; and
  • In any other way we may describe when you provide the information.

Personal Data Security

We have implemented appropriate technical and organizational controls to protect your personal data against unauthorized processing and against accidental loss, use, alteration, damage or destruction.

 

You are responsible for choosing a secure password when we ask you to set up a password to access parts of our website or services. You are responsible for keeping this password confidential, and you should choose a password that you do not use on any other site. You should not share your password with anyone else.

 

Unfortunately, sending any information, including personal data, via the internet, is not completely secure. Although we will do our best to protect your personal data once with us, we cannot guarantee the security of any personal data sent to our website while still in transit and so you provide it at your own risk.

Selling your personal data

We do not sell the personal data of our users.

 

Sharing/Disclosing Your Personal Data

We do not customarily share the personal data of our Users. However, we may share your personal data:

  • With your consent;
  • To fulfill the purpose for which you provided it;
  • With the Senior Medicare Patrol State Office in the state or territory which you reside or other subsidiary or affiliate, if appropriate and/or legally required;
  • With the Administration of Community Living (ACL) if appropriate and/or legally required;
  • In order to perform a contract with you, for administrative purposes, or when we have a legitimate interest in doing so;
  • With Organizations or Providers that provide services on behalf of us to perform a contract we have entered with you, where it is in our legitimate interests or with your consent. (An example of when we may share your data with a service provider is sharing with Google Analytics to understand how users engage with our website. You may install the ‘Google Analytics Opt-Out Browser Add-On’, provided by Google if you do not want Google Analytics to be used in your browser);
  • For any other purpose disclosed by us when you provide the information;
  • With agencies and authorities when required by law. We may reveal your personal data to satisfy a request by a government authority, law enforcement agency, court order, regulator, or in connection with any legal action, if we are required to do so, to meet a legal or regulatory obligation, where the request is proportionate, or otherwise to protect our rights or the rights of anyone else (for example, in response to valid and properly served legal process such as subpoena or warrant); and
  • With social media organizations. We may share your personal data with other organizations when our web pages use social plug-ins from these organizations (such as Twitter’s retweet function). These other organizations may receive and use personal data about your visit to our website or mobile app. If you browse our website, personal data they collect may be connected to your account on their website. For more information on how these organizations may use your personal data, please read their privacy policies.

How Long We May Store Personal Data

We will keep your personal data for only as long as necessary. How long we need your personal data depends on what we are using it for, as set out in this privacy policy. For example, we may need to use it to answer your questions about a service or suspicion of Medicare fraud. We may keep personal data while you are using our service or until we answer your questions. If we no longer need your data for the purpose for which it was kept, we will permanently delete it or make it anonymous by removing all details that identify you.

Security Measures

 

We have taken reasonable steps and have employed industry-standard practices and technology to ensure the integrity and confidentiality of personally identifiable information; but because even the most secure devices or networks can be violated. We cannot guarantee security.

Once you print, share, download, or save any portion of your personal information from our website, we are no longer able to protect that information from further uses and/or disclosures and are not liable for any further uses and/or disclosures of that information. You understand and agree that you are responsible for all further actions or omissions related to the security and privacy of that information.

IMPORTANT: Please keep in mind that whenever you voluntarily share and/or disclose information about yourself in the public domain, for example, through social media platforms, chat rooms, e-mails, etc. it is likely to be collected and used by third parties. These third parties may use your information to contact you or for unauthorized purposes. Also, please remember that no one can guarantee the absolute security of information transmitted electronically.

In the event that the security of a user’s personal information has been compromised, we will notify the user immediately.

How We May Contact You

 

Communications: From time to time, we may send you service emails, for example, notifying directors, the person who signed up for an account, coordinator-level users, and/or other individuals about SMP Center resource assessments, library matters, subscription programs, internal contact lists, and other matters related to the SMP Resource Library and TRAX: Training Tracker. 

Newsletters: If you subscribe to any of our newsletters, we may email you informational materials we think may interest you. Depending on your preferences, this may be by email, phone, SMS, U.S. Mail, or social media post. You may elect not to receive these emails at any time and will be able to “unsubscribe” directly by clicking a link at the bottom of these emails. You may also contact us using the contact information below to unsubscribe.

Response to Inquiries: If you have contacted us with an inquiry or complaint, we may contact you to respond to your query or to resolve your complaint utilizing the contact information you have provided to us.

 

Cookies and Similar Technologies

 

Cookies: When you visit our website, we may collect personal data from you automatically using cookies or similar technologies. A cookie is a small file that can be placed on your device that allows us to recognize and remember you. We may use cookies to establish continuity between related requests, to personalize the site to your preferences, to authenticate your log-in, and to analyze site traffic. Cookies do not themselves contain any personal information. You may choose to block cookies with your browser, but if you do, you may not be able to take advantage of all our website's features.

Google Analytics: We use Google Analytics to gather statistics for some of our website pages. The information gathered is used to improve our web services. Google Analytics uses a browser cookie for statistical analysis related to your browsing behavior on these websites.

 

User Opt-Out: You may opt out by turning off cookies in the preferences settings in your browser or download and install Google Analytics Opt-out Browser Add-on at http://tools.google.com/dlpage/gaoptout. For more information on Google Analytics, please visit http://www.google.com/analytics. If you have any issues opting out, please email us using the Contact Information below for assistance.   

 

Facebook Pixel:  We use Facebook Pixel, a re-marketing tracking tool, to serve ads about the SMP Center, our resources and programs, and related news. These ads appear on Facebook. Facebook uses cookies, web beacons, and similar technologies to tailor the ads based on your past visits to our website and elsewhere online and to measure ad conversion.

User Opt-Out: To opt-out of the collection and use of information for ad targeting on Facebook, please visit www.aboutads.info/choices and follow the instructions.  If you have any issues opting out, please email us using the Contact Information below for assistance.

Your Privacy and Data Protection Rights About the Personal Data We May Store

 

As indicated above, we do not customarily store data about Users. You have rights with regard to the personal data that we may store about you. You may contact us with regard to the following rights in relation to your personal data:

  • You have the right to receive a copy of the personal data we hold about you;
  • You have the right to correct the personal data we hold about you;
  • Where applicable, you have the right to object to processing of your personal data for certain purposes;
  • Where you have provided us with consent to use your personal data, you may withdraw this consent at any time; and
  • If you do not want your personal data to be used for marketing analysis. You may change your account settings by utilizing the opt-out options listed under the Cookies and Similar Technologies section in this Privacy Policy to restrict your personal data from being used for this purpose.

To exercise any of your rights listed above, please update your account or contact us using the Contact Us information below. We will handle your request within one month.

We may need to request specific information from you to help us confirm your identity. If your request is complicated or if you have made a large number of requests, it may take us longer to satisfy your request. We will notify you if we need longer than a month to satisfy your request. You will not have to pay a fee to obtain a copy of your personal data (or to exercise any of your other rights). However, we may charge a reasonable fee (if permissible) if your request is clearly unfounded, repetitive, or excessive.

California Privacy Rights

 

We do not sell user personal data. Under the California Consumer Privacy Act, California Civil Code Section 1798.100, if you are a resident of California, you may contact us with regard to the following rights in relation to your personal data:

Right of Access: You have a right to request access to the personal data we may hold on you for the past twelve (12) months. You may submit up to two (2) requests per year of access to your personal data.

Right to Opt-In/Opt-Out of Sale of Personal Data: You have the right to opt-out of the sale of personal data we may hold on you. As a rule, we do not sell your personal data, nor do we disclose personal data to third parties for those third parties’ direct marketing purposes. We will notify you if our policy changes and you may exercise your right to opt-out by calling or emailing us using the contact information below.

Right to Deletion: You also have the right to ask us to delete personal data we may hold on you or restrict how it is used. There may be exceptions to the right to deletion for specific legal reasons which, if applicable, we will set out for you in response to your request. Further, deletion of data may remove all records of your news subscription. You would need to re-enter this information to engage with us as you have historically.

Right to Review: You have the right to review and correct your personal information.  Users may access their personal information by logging into their personal accounts.  

Right to Non-Discrimination: We will not discriminate against you for exercising any of your California Consumer Privacy Act rights.

If you want to make any of these requests, please email Nicole Liebau at info@smpresource.org or by contacting her using our designated toll-free number 877-808-2468. We will handle requests for access to your personal data within forty-five (45) days for California-specific requests.

To help us respond as you expect, please specify in the subject line of your email that you are making a request under the California Consumer Privacy Act. We may need to request specific information from you to help us confirm your identity.

 

Nevada Privacy Rights

Right to Review: You have the right to review and correct your personal information.  Users may access their personal information by logging into their personal accounts.  

Right to Deletion: You also have the right to ask us to delete personal data we may hold on you or restrict how it is used. There may be exceptions to the right to deletion for specific legal reasons which, if applicable, we will set out for you in response to your request. Further, deletion of data may remove all records of your news subscription. You would need to re-enter this information to engage with us as you have historically.

Nevada Personal Information Sales Opt-Out Law

 

We do not sell the personal information of our users; however, in accordance with NRS 603A.300 to 603A.360, the designated address for a User to request to opt out is:

  • Mailing Address: SMP National Resource Center, Northeast Iowa Area Agency on Aging, Nicole Liebau, 3840 W 9th Street, Waterloo, Iowa 50702.

Contact Us

Contact Information for Questions, Complaints, and Other Communications

 

If you would like to contact SMP Center with any questions, comments, etc. please do so using the contact information below:

  • Mailing Address: SMP National Resource Center, Northeast Iowa Area Agency on Aging, Attention: Nicole Liebau, 3840 W 9th Street, Waterloo, Iowa 50702
  • Email: info@smpresource.org
  • Phone: 877-808-2468

Changes to Privacy Policy

  • We may change this Privacy Policy from time to time. If we change the policy, we will post the modified policy on this page. We will post a notice that the privacy policy has been updated on our website homepage;
  • If we make material changes to how we treat our users’ personal information, we will notify our Users through a notice on the homepage of our website;
  • The date the privacy policy was last revised is identified at the top of the page; and
  • Users are responsible to periodically visit our website and this privacy policy to check for any changes.
  • If we wish to materially change how we handle your personal information, we will obtain the users’ opt-in consent by notifying them of the changes and obtaining their affirmative agreement by posting a Notice on our website requesting Users click-through to consent or a process similar to this notification.

 

If any provision of this Policy is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.  This Policy constitutes the entire agreement between us relating to your use of the website.

 

Dispute Resolution, Governing Law, and Jurisdiction

For the purposes of this section:

  • “We”, “SMP Center”, “our”, and “us” includes Senior Medicare Patrol National Resource Center;
  • “You”, “your”, and “yours” includes you and any person who may assert a claim on behalf of you, including a spouse or family member as applicable by law;
  • “Disputes” is defined broadly and includes all claims and/or controversies between you and us related to our website, your account, or this policy, under any legal theory including contract, warranty, tort, statute, or regulation; and
  • “Disputes” also includes any claims or controversies as to the scope or effect of our Policy.

You and we agree to arbitrate all disputes on an individual (non-class) basis.  Arbitration means the case will be decided by a private arbitrator.  The arbitrator will apply the Federal Arbitration Act (“FAA”).

There will be no judge and no jury. The arbitrator’s decision will be final except for a limited right of appeal under the FAA. 

The arbitrator will be the American Arbitration Association ("AAA"). AAA will apply its Consumer Arbitration Rules.  To start an arbitration, fill out a Demand for Arbitration Consumer Arbitration Rules and mail a copy to AAA and us.  In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in our principal place of business Black Hawk County, Iowa, if your dispute is with us.

However, should AAA be unable or unwilling to arbitrate the case, a court may appoint an arbitrator under Section 5 of the FAA.

The arbitrator will hear the arbitration on an individual basis.  There will be no class arbitrations, no class actions, no joinder of arbitrations (without our agreement), no private attorney general actions, and no actions where one party represents other, absent parties. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. 

Governing Law

You expressly agree that the substantive laws of the State of Iowa will apply in connection with any such dispute including any claim involving Northeast Iowa Area Agency on Aging the Senior Medicare Patrol National Resource Center or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. The FAA is the law that will apply to any arbitration.

Where Will Disputes Be Resolved?

You and we agree to be subject to jurisdiction in the State of Iowa.  Any small claims matters may be brought only in Black Hawk County, Iowa, at the plaintiff’s election.  Any claims related to IP matters may be brought only in Black Hawk County, Iowa.  Any action needed to compel enforcement of this Platform Policy, including the requirement to submit Disputes to individual (non-class) arbitration, shall be brought in Black Hawk County, Iowa or your county of residence, at the election of the party seeking enforcement.

Limited Warranties and Disclaimers of Liability

Senior Medicare Patrol National Resource Center DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) REGARDING INFORMATION, CONTENT OR ITEMS APPEARING ON OUR WEBSITE. WE DO NOT WARRANT THAT DOWNLOADS FROM OUR PLATFORM WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE, OR OTHER DATA ALTERING OR CONTAMINATING COMPONENTS.  YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE IMPLEMENTED PROCEDURES TO PREVENT SUCH CONTAMINATING COMPONENTS FROM INFECTING YOUR COMPUTER OR DEVICE AND ITS DATA.

WHILE WE TRY TO KEEP THE INFORMATION ON OUR PLATFORM BOTH ACCURATE AND UP TO DATE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, USEFULNESS, OR APPLICABILITY OF ANY INFORMATION, OR OTHER DATA OR ITEMS APPEARING ON OUR PLATFORM. WE WILL NOT BE LIABLE IN ANY EVENT TO ANY USER FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION, OR CONTENT ON THIS PLATFORM.

WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO OUR PLATFORM, AND OPERATION OF OUR PLATFORM MAY BE INTERFERED WITH BY FACTORS BEYOND OUR CONTROL.

THE WRITTEN CONTENT OF THIS PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY. NEVER DELAY IN SEEKING MEDICAL OR LEGAL ADVICE OR ATTENTION BECAUSE OF CONTENT YOU HAVE READ ON THIS PLATFORM.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, INFORMATION YOU PROVIDE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR YOUR INABILITY TO USE OUR PLATFORM; (ii) THE COST OF PROCUREMENT OF SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE OR IN YOUR ONLINE ACCOUNT; (v) YOUR USE OF THE INTERNET OR YOUR INTERNET SERVICE PROVIDER; (vi) DEFECTS OR INACCURACIES IN YOUR DEVICE OR SOFTWARE USED TO ACCESS THE PLATFORM ; OR (vii) ANY OTHER MATTER RELATING TO YOUR USE OF THE PLATFORM. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT OF FEES PREVIOUSLY PAID BY YOU (IF ANY) TO THE SMP CENTER RELATING TO YOUR USE OF THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

Your Indemnification Obligations

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE SMP CENTER, AS WELL AS THE SMP CENTER’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM YOUR VIOLATION OF THIS PLATFORM POLICY OR THE USE OF OUR PLATFORM.