Acceptance

These Terms of Use apply to your use of the Sites, Services, and any other resources we make available (together, “Sites”). By visiting or using the Sites or Services, you are agreeing to be bound by these Terms of Use. You agree to be legally bound by these terms if you access or utilize our services.

Scope of these Terms of Use

Smart Services llc may change these TOU at any time without notice to you. These TOU apply to the aforementioned Smart Services llc websites, successor domain names that Smart Services llc may create from time to time, and the online services accessible through those sites or hosted on them (collectively known as the “Sites or Services”). To the extent that certain parts of the Sites or Services need registration and/or may be subject to additional terms and conditions of use, Smart Services llc will notify you of those extra terms and conditions when you register. These TOU do not apply to your usage of unaffiliated websites to which any of the Smart Services llc Sites links.

Documents, Software or Online Services Sold or Distributed; Disclaimers

The Services and Sites include a number of software, documents, and online services that may be offered for trial or purchase using the Services or Sites. In some circumstances, the software, documents, or online services accessible for trial or purchase via the Services or Sites might be subject to licensing terms that are in opposition with these TOU. If such a dispute arises, the conflicting license terms for the software, documentation, or online services will take precedence. However, only to the extent necessary and limited to particular software, documents, or online services; in all other ways, these TOU will continue to apply.

SMART SERVICES LLC AND/OR ITS RESPECTIVE SUPPLIERS SHALL NOT BE HELD LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OF THE SITES OR SERVICES, INCLUDING WITHOUT LIMITATION ANY SOFTWARE, ONLINE SERVICES, OR DOCUMENTS AVAILABLE VIA THE SITES OR SERVICES.

The Software: The Smart Services llc and/or its suppliers’ copyrighted work is any software that may be downloaded from the Sites or Services ( “Software”). The terms of the license agreement, if any, which comes with or is incorporated into the Software govern your use of it. It is strictly prohibited by law to use, reproduce, or redistribute the Software in a way that is not permitted by the applicable license agreement.

The software is warranted, if at all, only according to the terms of the applicable license agreement. Smart Services llc HEREBY DISCLAIMS ANY WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED OR EXPRESS WARRANTIES AND CONDITIES OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TITLE AND NON-INFRINGEMENT).

Smart Services llc MAY MAKE AVAILABLE THROUGH THE SITES OR SERVICES PATCHES, TOOLS OR UTILITIES FOR USE AND/OR DOWNLOAD. Smart Services llc DOES NOT ASSURE THAT THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF THE PATCHES, TOOLS OR UTILITIES ARE CORRECT.

Documents: You may use documents, such as help topics, white papers, datasheets, and FAQs (“Documents”), that are made available through the Sites or Services for non-commercial or personal purposes only if (1) the copyright notice which appears on the document is included in all copies, (2) you do not copy or distribute the Documents without permission of the copyright owner, and (3) you will not broadcast or transmit them over a network., and (3) no modifications of the Documents are made. You may not use the Document in any way other than what it was designed to do. You may not modify, rent, lease, sell, distribute.

The graphics, sounds, and images on the Sites or Services are not covered by the specifications above. The design or layout of the Sites or Services is protected by trade dress, trademark, unfair competition, copyright, and other laws; accordingly, no logo, graphic, sound or image may be copied or transmitted in its entirety or in part. Unless expressly authorized by Smart Services llc.

Smart Services llc AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS REGARDING THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. “AS IS” WITHOUT WARRANTY OF ANY KIND Smart Services llc AND ITS SUPPLIERS HEREBY DISCLAIM ALL IMPLIED OR EXPRESS WARRANTIES, INCLUDING THOSE OF MERCHANT-ABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

Acceptable Use Policy

The objective of Smart Services llc Acceptable Use Policy is to provide high-quality services to clients. In Smart Services llc sole and absolute discretion, it has the right to remove any content for any reason, including those set forth in this Acceptable Use Policy. The actions addressed by the following Acceptable Use Policy are those that Smart Services llc deems inappropriate and thus prohibited. This list of examples is in addition to the types of material covered by any other applicable agreement, is non-exclusive, and is given solely for your information. Please contact at info@smartservllc.com or Smart Services llc if you have any questions regarding whether any planned usage or action is legal.

Actions which Smart Services llc considers inappropriate include, but are not limited to, the following:

1. Smart Services llc may and will terminate your access credentials (i.e., any user IDs, user names, passwords, etc.) to the Sites or Services immediately if, in its sole discretion, Smart Services llc believes that your conduct fails to conform to these TOU or any other applicable agreement, terms, or conditions. Without limiting the foregoing, if you use or attempt to use the Sites or Services for any purposes other than the purposes intended or contemplated as acceptable by Smart Services llc (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Sites or Services), you may also be subject to civil and criminal liability.
2. Using the Sites or Services to post any content of the nature set forth in 47 U.S.C. Section 230(c)(2)(A) (i.e., material that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable);
3. Using the Sites or Services to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
4. Using the Sites or Services to post any content that holds Smart Services llc (including its affiliates), employees or shareholders or any other person or entity up to public scorn or ridicule;
5. Using the Sites or Services to post any content that violates any copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights of others;
6. Failing to obtain all required permissions when using the Sites or Services to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
7. Deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner;
8. Using the Sites or Services in a tortuous manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress;
9. Introducing viruses, worms, harmful code and/or Trojan horses on the Internet;
10. Misrepresenting your identity to access the Sites or Services, or misrepresenting your identity in any way while using the Sites or Services or with the aid of the Sites or Services;
11. Using the Sites or Services in any way to transmit or distribute any unsolicited bulk or unsolicited commercial email (i.e., spam);
12. Using any tools, programs, robotic algorithms or products to automatically download or “spider” the Sites or Services;
13. Otherwise using the Sites or Services in violation of any applicable laws;
14. Using the Sites or Services to resell, re-market, repackage or redistribute any portion of the Services or offer these Services to others.

Obligation of Confidentiality

If any part of the Sites or Services requires you to register a user account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration process. You will also choose a password and, where appropriate, a user name or ID. By electronically registering a user account, you indicate that you agree, whether by electronic signature, “clickwrap” assent, or other applicable manifestation of assent, to enter relevant agreements through electronic means and to be bound by the terms and conditions to which you assent electronically, by whatever means. You also acknowledge that other parties have registered accounts with Smart Services llc for the Sites and Services and may in some cases post user-generated content. You acknowledge that Smart Services llc has minimal control over such user-generated content. Accordingly, Smart Services llc cannot and does not make any claim that the content contained in the Sites and Services is accurate, appropriate to you, or inoffensive.

You are entirely responsible for maintaining the confidentiality of your password and account information (including the user name or ID). Furthermore, you are entirely responsible for any events which are caused to occur by any person or entity who may be accessing or using any of the Sites or Services and whose permission for access to the Sites or Services are authenticated by your credentials (i.e., user ID or user name and password). You agree to notify Smart Services llc immediately of any unauthorized use of your account or any other breach of security which may be associated with the confidentiality of your account information. Smart Services llc will not be liable for any loss you may incur as a result of someone else using your confidential account information, either with or without your knowledge. However, you could be held liable for losses incurred by Smart Services llc or another party due to the actions of another person or entity who is using your account or password. You may not use any account other than your own to access or use the Sites or Services without the express permission of the owner of that other account.

Privacy

Please read Smart Services llc Privacy Policy for information about Smart Services llc collection and use of your personal information. The Sites or Services may be governed by their own privacy policies or statements, as referenced in the applicable agreements and account activation procedures specific to the Sites or Services.

Intellectual Property Rights

Smart Services llc and/or its suppliers retain all right, title and interest in and to the Sites and Services, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. Smart Services llc reserves all rights not expressly granted. These TOU do not grant or imply any rights to any Smart Services llc or supplier trademarks, trade names or logos. Smart Services llc only grants permission to a third party to use Smart Services llc -owned trademarks and/or logos according to the conditions and specifications listed on the Smart Services llc Trademark Notice and Policy.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Smart Services llc designated agent. NOTIFICATIONS OF COPYRIGHT INFRINGEMENT MUST CONFORM TO THE FOLLOWING PROCEDURE – NONCONFORMING NOTICES WILL NOT RECEIVE A RESPONSE. See the Direct Tech Promo DMCA Policy, including the Notice and Procedure for Making Claims of Copyright Infringement.

Revision or Termination of the Sites or Services

Unless otherwise obligated by a separate agreement, Smart Services llc reserves the right to modify or discontinue the Sites or Services temporarily or permanently, with or without notice and in its sole discretion. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that Smart Services llc shall not be liable to you for any modification, general suspension or discontinuance of any services. Smart Services llc may, in its sole discretion, refuse or restrict anyone from access to any or all of the Sites or Services at any time.