Smartwebs Terms of Use

Effective Date
May, 10 2017

Terms

This page represents the Terms of Use (“Agreement”) regarding Smartwebs LLC (“Smartwebs”) websites, products and applications (“Services”).

Smartwebs may amend this Agreement at any time by posting the amended terms on our Terms of Use page on http://www.smartwebs365.com/terms. We may or may not post notices on the homepage of our website when such changes occur.

We refer to this Agreement, our Privacy Policy (accessible at http://www.smartwebs365.com/privacy-policy) and any other terms, rules or guidelines on our website collectively as the Smartwebs “Legal Terms” or “Terms”. You must explicitly and implicitly agree to be bound by our Legal Terms each time you access any Smartwebs website, product or application. If you do not wish to be so bound, do not use or access Smartwebs Services.

Use License

Smartwebs grants you a non-exclusive, non-transferrable, revocable license to access Smartwebs Services for you to create, maintain and process information for property management and workflow purposes, in accordance with our Legal Terms.

Your Data

“Your Data” means any data, content, images or other materials of any type that you upload, submit or otherwise transmit to or through Smartwebs Services. You will retain all right, title and interest in and to Your Data in the form provided to Smartwebs. Subject to the terms of this Agreement, you hereby grant Smartwebs a non-exclusive, worldwide, royalty-free right to:

  1. Collect, use, store, copy, transmit, modify and create derivative works of Your Data, in each case solely to the extent necessary to provide the applicable Services to you, and
  2. For Smartwebs Services that enable you to share Your Data or interact with other people, to distribute and publicly perform and display Your Data as you (or your Authorized Users) direct or enable through Smartwebs Services

Smartwebs may also access your account or instance in order to respond to your support requests.

There are many things that users may do with Your Data, for example, copy it, modify it, re-share it, or broadcast it. Smartwebs has no responsibility for that activity.

Termination of Service

You may stop using Smartwebs Services at any time by closing your accounts, ceasing to use Smartwebs Services and uninstalling all mobile device applications. In such event, you will not be entitled to any refund of any fees that you have paid prior to you ceasing to use Smartwebs Services.

Smartwebs reserves the right in its sole discretion to cease or suspend access or use to all or any part of Smartwebs Services immediately without any notice to you, if:

  1. You breach, or threaten or intend to breach, these Terms;
  2. Smartwebs is required to do so under any applicable law, rule or regulation, including, without limitation, the CAN-SPAM Act;
  3. Smartwebs Services rely on data, services or another business relationship terminates or changes in such a way that affects Smartwebs’ ability to continue providing Services;
  4. Continuing to provide Services could create a substantial economic burden on Smartwebs as determined by Smartwebs in its sole discretion; or
  5. Continuing to provide Services could create a security risk or material mechanical burden as determined by Smartwebs in its sole discretion.

In the event that you decide to terminate or cancel Smartwebs Services, you are given 30 calendar days following the termination or cancellation notice to access and export your data from our websites, products and applications.

Copyrights, Trademarks and Intellectual Property

Unless otherwise noted, all materials, content, features and functionality that appear as part of Smartwebs Services are owned, controlled and licensed by Smartwebs. Unless otherwise noted, all aforementioned content is protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, whether registered or unregistered (“Intellectual Property”). Nothing on Smartwebs websites, products or applications should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our websites, products or applications without the prior written permission of the Intellectual Property Owner.

Smartwebs aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Smartwebs may not be used in any way, including in advertising or publicly pertaining to distribution of materials on websites, products or applications without prior, written permission from Smartwebs. Use of any Smartwebs logo (or logo of any of its affiliates) as part of a link to or from any website is prohibited unless Smartwebs approves such link in advance and in writing. Fair use of Smartwebs’ Intellectual Property requires proper acknowledgment. Other product and company names mentioned on our website may be the Intellectual Property of their respective owners.

No Modification of Confidential Information

No individual, group or entity shall copy, decompile, modify, reverse engineer or create derivative works out of any source code, techniques, processes, algorithms, know-how or other information from the compiled code or databases produced by Smartwebs Services, or permit or induce the foregoing, without the prior written consent of Smartwebs.

No user, individual, group or entity shall use their knowledge of or access to Smartwebs Services to provide information or insight about Smartwebs Services to any third party, including to individuals, groups or entities that Smartwebs deems as a competitor or potential competitor, without the prior written consent of Smartwebs.

Links to Third-Party Websites

Smartwebs Services may contain links to websites not owned or operated by Smartwebs. Such links are provided for your reference only. Smartwebs does not monitor or control outside websites and is not responsible for their content. Smartwebs’ inclusion of links to an outside website does not imply any endorsement of the material on Smartwebs Services, unless expressly disclosed otherwise. Smartwebs’ inclusion of these links does not imply any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Smartwebs’ inclusion of the links imply that Smartwebs is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked website.

Content Disclaimer

Postings on Smartwebs Services are made at such times as Smartwebs determines at its discretion. You should not assume that the information contained on Smartwebs Services has been updated or otherwise contains current information. Smartwebs may not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded.

The information and materials on Smartwebs Services are provided for your review in accordance with the notices, terms and conditions set forth herein. These materials are not guaranteed or represented to be complete, correct or up to date. These materials may be changed from time to time without notice.

No Warranties; Exclusion of Liability; Indemnification

Smartwebs Services are operated by Smartwebs on an “as-is”, “as available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, Smartwebs specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement for all Smartwebs Services and any information created, maintained or processed through them.

Smartwebs shall not have any liability or responsibility for any of the following:

  1. Any errors or omissions in the content of Smartwebs Services;
  2. Information created, maintained or processed on Smartwebs Services;
  3. Your action or inaction in connection with Smartwebs Services;
  4. Any damage to your computer or data on Smartwebs Services;
  5. Any other damage you may incur in connection with Smartwebs Services.

Your use of Smartwebs Services is done at your own risk. In no event shall either Smartwebs or their agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of Services, the delay or inability to use Services or otherwise arising in connection with Smartwebs Services, whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

Without limiting the foregoing, Smartwebs do not represent or warrant that the information on Smartwebs Services is accurate, complete, reliable, useful, timely or current, or that Smartwebs Services will operate without interruption or error.

Smartwebs makes no representation that content provided on Smartwebs Services are applicable or appropriate for use in all jurisdictions.

Indemnification

You agree to defend, indemnify and hold Smartwebs harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of Smartwebs Services.

Governing Law and Jurisdiction

All legal issues arising under these terms will be governed by Texas law..