These terms and conditions are effective immediately for those registering accounts (as herein defined). These terms and conditions (the “Terms”) of this User Agreement (as herein defined) govern Your access to and use of SMARTii’s mobile applications that link to or reference this User Agreement and websites (collectively, the “Site“). By accessing, browsing or in any way using the Site, You agree to the Terms set forth in this User Agreement, the SMARTii Privacy Policy and all other guidelines or policies referenced herein (collectively, the “User Agreement” ).
PLEASE READ THIS USER AGREEMENT CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THIS USER AGREEMENT. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THIS USER AGREEMENT.
DEFINITIONS
- “User” is someone who accesses, browses or in any way uses the platform. The terms “You“, “Your” and “Yourself” refer exclusively to you, as a user of the site. The terms “We“, “Us“, “Our“, and “SMARTii” refer exclusively to SMARTii C/o CanvasMi LLC a Florida corporation. Each of “You”, “Your”, “Yourself” and “We”, “Us”, “Our” and “SMARTii”, is a “Party” and together the “Parties”.
- “Content” means text, images, photographs, audio, video and all other forms of data or communication. “Your Content” means Content that you submit or transmit to or through the Site, such as ratings, reviews, compliments, invitations and information that you display as part of your account profile. “User Content” means Content that Users submit or transmit to or through the Site. “SMARTii Content” means Content that We create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than SMARTii or its Users, such as data providers who license data to SMARTii for use on the Site. “Site Content” means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and SMARTii Content.
ELIGIBILITY
YOU MUST BE AT LEAST 18 YEARS OF AGE TO CREATE OR USE A BUSINESS ACCOUNT (as herein defined).
You must have the requisite power and authority to enter into this User Agreement in order to use this Site. If you are under the age of 18 years old, you must have consent and be under the supervision of your parents before creating or using a Personal Account.
You may not access or use the site if: (1) You believe you are a competitor of SMARTii, (2) We deem you as a competitor of SMARTii, or (3) We have previously banned you from the Site. To the extent that you do not meet the eligibility requirements as set forth herein, SMARTii may, at its sole discretion, elect to terminate your account.
USER ACCOUNTS
You must be a registered business owner / professional to create or use a Business Account.
Any Customer who identifies himself or herself as a Business Owner on the SMARTii platform, or mobile site member registration form hereby represents and warrants that Customer is validly licensed and is in compliance with applicable state license requirements in all jurisdictions in which Customer is required to be licensed. The Company may, in its sole discretion, but without any obligation to verify the licensure of such businesses, remove from the list of any Customer whom the Company believes is not a licensed in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed status or upon notification by any state agency or similar governmental authority that such Customer is not a licensed. SMARTii does not and shall not have any obligation to independently verify the licensure of individuals / businesses identified on the website. It is your responsibility to confirm the licensed status of any listed businesses on the SMARTii platform.
To use some of the features on the platform, you may be required to create an account and provide information about Yourself to Us. You are exclusively responsible for maintaining the confidentiality of your account password. You are also exclusively responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
If you are viewing, using, or accessing the Service for free, you are a “User.” If you are viewing, using or accessing the Service under a subscription, you are a “Customer.” These Terms and Conditions refer to Users and Customers collectively as “You.” No employee, independent contractor, agent, or affiliate of any competitor information, analytics or listings service is permitted to be a User or a Customer or to view, use, or access the SMARTii platform without express written permission from SMARTii. By viewing, using, or accessing the Service, You represent and warrant that You are not a competitor of SMARTii, or any of its affiliates, including without limitation any company of a competitor of SMARTii in registering for or accessing the Service.
5. USE OF THE PLATFORM.
We grant you permission to use the platform subject to the restrictions in this User Agreement. In using the Site, you may be exposed to content that is offensive, indecent, untruthful, inaccurate, objectionable, defamatory or otherwise inappropriate. SMARTii does not endorse such Content and as part and parcel of this User Agreement, specifically precludes all Users from submitting or posting such to the Site.
Use of the platform is available on mobile devices. Do not use the platform in a way that distracts you and prevents you from obeying traffic or safety laws.
6. USE RESTRICTIONS
We are under no obligation to enforce the User Agreement on Your behalf against another User. While we encourage you to let us know if you believe another user has violated the User Agreement, We reserve the right to investigate and take appropriate action at our sole discretion.
Attempt to gain unauthorized access to the Site, User accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses“); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site; and make any untruthful or defamatory statements.
7. PERMISSION TO USE YOUR CONTENT
SMARTii will never sell its users contact information nor allow anyone to advertise to other businesses clients other than their own. For example, if you book or register with a Business Account, you consent to receiving communications from that Business Account such as appointment reminders.
We may use Your Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it and allowing others to do the same in connection with their own websites and media platforms (collectively, “Other Media“). As such, you hereby irrevocably grant us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable right to use your Content for any purpose. You also irrevocably grant the Site’s Users and the Users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against SMARTii and Our Users any claims and assertions of moral rights or attribution with respect to your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
8. RESPONSIBILITY FOR YOUR CONTENT.
You alone are responsible for Your Content. You assume all risks associated with Your Content, including, but not limited to, anyone’s reliance on its accuracy, quality, reliability, completeness or usefulness, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by SMARTii.
9. USE OF CONTENT
We may remove or reinstate user content from time to time at our sole discretion. We have no obligation to retain or provide you with copies of your content, nor do we make any guarantees or representations concerning any confidentiality with respect to your content. SMARTii and its licensees may display advertisements and other information adjacent to or included with your content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
10. COPYRIGHT DISPUTE POLICY.
SMARTii policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or Content residing on or accessible through the SMARTii Website or Mobile application or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that SMARTii is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Upon Receipt of a Bona Fide Infringement Notification is received by the Designated Agent, it is SMARTii’s policy:
To remove or disable access to the infringing material;
To notify the Content provider, member or user that it has removed or disabled access to the material; and
That for repeat offenders, SMARTii will also terminate such Content provider’s, member’s or user’s access to the service.
Procedure to Supply a Counter-Notice to the Designated Agent. If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the Content provider, member or user;
Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
The Content providers, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content providers, member’s or user’s address is located, or if the Content providers, member’s or user’s address is located outside the United States, for any judicial district in which SMARTii is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, SMARTii may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 5 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 5 to 10 business days or more after receipt of the counter-notice, at SMARTii discretion.
Please contact the following:
CanvasMi, LLC
Customer Support
11. PLATFORM AVAILABILITY.
We reserve the right to modify, update, or discontinue the site at our sole discretion, at any time, for any or no reason, and without notice or liability.
12. UNAUTHORIZED ACCESS.
We reserve the right to exercise whatever lawful means we deem necessary in order to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping and contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
13. INVESTIGATIONS.
We are under no obligation to monitor the site or site content. However, we reserve the right to investigate possible violations of the User Agreement, block Users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including Your Content, in accordance with the Privacy Policy.
14. TERMINATION.
We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. You may terminate this User Agreement at any time by closing your account, discontinuing your use of any and all parts of the Site. If you close your account, we will use commercially reasonable efforts to stop displaying your account profile on the Site, but may continue to display your Content. In the event of any termination, this User Agreement will continue in full force and effect, including our right to use your content.
15. OWNERSHIP.
We own the SMARTii Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate User review ratings and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the SMARTii and the Site.
Notes:
In no event, SMARTii shall be liable to the customer or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate SMARTii platform. Despite the best efforts of SMARTii errors in web page information will occur. At no time will SMARTii will be responsibile for accidentally including erroneous information extend beyond correcting the error.
Should SMARTii waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit SMARTii to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected.
SMARTii reserves the right to change or modify any of these terms or conditions at any time, but agreements signed prior to the updates in this agreement remains unaffected. Should clarification of any of the above be required, please contact us at:
CanvasMi, LLC
Customer Support