Terms and Conditions
Effective Date, January 30th, 2015
Last Updated, January 13th, 2015
1. Acceptance of Terms and Conditions of Use
Welcome to SMART Temps, LLC’s (“we” or “us”) website www.smart-temps.com (the “Site”). By accessing the Site or associated features, applications (mobile and otherwise), emails, content, downloads, devices, products or services (the “Apps”, and together with the Site, the “Services”), you agree to be bound by these terms and conditions of use (these “Terms”) and all applicable federal, state, and local laws and regulations. If you do not agree to be bound by these Terms, you are prohibited from accessing the Services. These Terms may change. If we revise and update these Terms, your continued use of the Services will mean that you accept those changes. If you do not accept such changes, you are prohibited from continuing to use the Services.
3. License Grant; Intellectual Property
When you use the Services, you do so under a license from us. Your license to use the Services is non-transferable, non-exclusive, limited and restricted. This means that you may not use the Services for any commercial purpose, that we can take away your right to use the Services, and that you cannot give this license away to someone else. All right, title and interest in and to Services, together with all intellectual property rights embodied therein (including patents, copyrights, and trademarks) are the property of the us or our affiliates.
We have obtained or applied for various trademarks and service marks (“SMART-Temps Marks”). If you would like to use or display any SMART-Temps Marks, you must ask our permission. Without our prior written permission, you agree not to display or use in any manner the SMART-Temps Marks.
You agree not to infringe our copyrights, trademarks, trade secrets or other intellectual property rights. You agree not to engage in any activity that would constitute copyright infringement with respect to the Content (defined below). You may not reproduce, create derivative works of, distribute, publicly perform or publicly display the Content or any portion thereof without our prior written consent. You may, however, use the Services as they are designed and intended to be used, including using features which allow you to re-post Content, such as those which permit you to distribute Content through other third party applications and mediums, such as Facebook, YouTube, Twitter, and blogs, etc., so long as you do not modify that Content or the functionality of those features in any way. This right to re-post Content does not create for you or grant to you any additional rights in such Content.
You are responsible for safeguarding any password that you use to access the Site. When formulating your password, use a combination of upper and lower case letters, numbers, and symbols to maximize the strength of your password. Please immediately notify us of any unauthorized use of your password or account. We are not responsible for any loss or damage that arises from your failure to comply with this section.
You should assume that everything that you read or see via the Services (with the exception of your data), including all files, images, text, software, and data (collectively, the “Content”), is copyrighted or otherwise protected and owned by us or some third party who licensed to us the right to use such Content. Unless otherwise expressly noted, the Content may not be copied or used except as provided in these Terms or with our prior written approval.
All Content not originating with us is provided for your interest and convenience only, and we do not endorse such Content nor the third parties who supply it, nor do we warrant or represent that such Content is current, accurate, complete or reliable. You understand that you may be exposed to Content that you might consider offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. Under no circumstances shall we be liable in any way for any Content or any loss or damage of any kind incurred as a result of your use or reliance on such Content.
6. Your Use of the Site
You may only use the Site in a manner consistent with any and all applicable laws, rules and regulations.
b) You will not use the Services in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to or used for the Site;
c) You will not interfere with any other party’s use and enjoyment of the Services or Content;
d) To the extent that you are able to upload, post or otherwise transmit content using the Services, you will not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
e) You will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
f) You will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for the Services, through password mining, hacking, or any other means;
g) You will not seek to gain access to any materials or information through any means not intentionally made available by us;
h) You will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit the Services, or any portion hereof without our prior written consent, except that you may reproduce limited content from the Services describing our products and services solely to educate users or potential users about our products or services;
i) You will not use any framing techniques to enclose any portion of the Services (including, but not limited to, images, text, page layout, and form) without our prior written consent;
j) You will not make any use of the trademarks, service marks, trade names, logos, and graphics on the Services without our prior written consent;
k) You will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users of the Services;
l) You will not use any robot, spider, other automatic software or device, or manual process to monitor or copy any portion of the Services or Content without our prior written consent;
m) You will not collect any email addresses made available via the Services for purposes of promotions or marketing campaigns;
n) You will not use or otherwise export or re-export the Services, or any portion thereof, in violation of the export control laws and regulations of the United States of America or any other country.
7. Links to Third Party Sites
Through the Services, we may provide links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content of any linked site or subsequent links from that site. We may provide links only as a courtesy to our users, but such links do not (and will not) imply our endorsement of any linked site.
8. Linking to the Site
You may not link to the information that is hosted on the Site without our prior written authorization. All authorizing linking must be done in a way that is fair and legal and does not damage our reputation or take advantage of it. You may not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not establish a link to the Site from any website that is not owned by you. The Site must not be framed on any other site. We may withdraw linking permission without notice.
9. User Registration
To obtain access to certain portions of the Services-including the SMART Temps Management System and any other tools that we may make available via the Services-you will be required to complete a registration. You must provide true, accurate, current and complete information about yourself or your company as prompted by the registration process and that you will update that information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms. Transfer of the account by you to any other person or entity is prohibited.
10. Subscription Fees
To obtain full access to the Services-including the SMART Temps Management System and any other tools that we may make available via the Servicesâ€”you are required to pay subscription fees (the “Fees”). Depending on the Fee model you select (and your timely payments of the Fees), you will be entitled to full access to the Services for a set period of time.
11. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, BY EITHER US OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION OR PRODUCTION OF THE SERVICES, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTIES, AND IMPLIED WARRANTIES, WHICH IMPLIED WARRANTIES SHALL INCLUDE BUT NOT BE LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES OR DATA OF YOURS OR ABOUT YOU ARE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS PROVIDED BY US.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH: (I) YOUR USE OF THE SERVICES OR INABILITY TO USE THE SITE; (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SERVICES; AND (III) DAMAGE TO YOUR HARDWARE RESULTING FROM USE OF THE SERVICES. IF YOU ARE DISSATISFIED WITH US, THE SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, ATTRIBUTABLE TO OR CAUSED BY YOUR USE OR MISUSE OF THE CONTENT OR SERVICES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE THE SERVICES OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE FIRST DATE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.00.
You shall defend, indemnify, and hold us and our employees, contractors, officers and directors harmless from all liabilities, damages, expenses, and other losses, including attorney’s fees, that are based on claims arising from (i) your use or misuse of the Services and/or the Content; (ii) your breach of these Terms; or (iii) your breach of any law or the rights of a third party. We reserve the right, at our own expense, to (a) assume the exclusive defense and control of any matter otherwise subject to indemnification by you, or (b) participate in the defense with counsel of our own choosing and at our own expense; and in both such cases, you will cooperate with us in asserting any available defenses.
14. Choice of Law
The Terms shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to conflicts of law provisions. The exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Services or the Content shall be filed and venued only in the state or federal courts having subject matter jurisdiction located in the State of Indiana and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive any objection you may now or hereafter have with respect to venue or to convenience of such forum.
15. Integration and Severability
The Terms constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications and proposals with respect to the Services. If any provision of these Terms is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Our failure at any time to require performance of any provision of these Terms (including the Policy, which is incorporated by reference) or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by our authorized representative. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
We reserve the right, in our sole discretion, to terminate your access to all or part of the Services, with or without notice.