Terms of Service
SmartMCA is owned and operated by SmartMCA LLC. By using SmartMCA, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the “Terms”). Users should take notice that SmartMCA, LLC. reserves the right to update these Terms in the future, and you will be able to find the most current version of the Terms at http://www.smartmca.com/term-of-use/
1. Use of Services
A. Sold “As Is”. SmartMCA, its subsidiaries and affiliated companies offer SmartMCA services to you, provided that you are at least Eighteen (18) years old and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of SmartMCA. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. SmartMCA has the following password policy in place to mitigate the risk of potential unauthorized access to your account: a) your password must be at least eight (8) characters in length; b) your password must contain at least one capitalized letter and one number. SmartMCA strongly recommends that you select a secure password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You agree to immediately notify SmartMCA of any unauthorized use of your password or account or any other breach of security. SmartMCA cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
B. Monthly Billing. Monthly billing is initiated on the first day of your registration with SmartMCA and shall reoccur approximately every thirty days thereafter until termination as set forth in Section 11 of these Terms.
C. Credit Card Payment Policy. If you make payment via credit card, debit card, business check card, etc., you hereby acknowledge the credit card charge is non-refundable and cannot be charged back under any circumstances, and should you chargeback the credit card transaction for any reason, you agree to be liable to SmartMCA for any liquidated damages plus any and all other costs such as collection fees and reasonable attorneys’ fees incurred in the collection process. You acknowledge receipt of goods and/or services in the amount total shown on the invoice and agree to perform the obligations set forth by your cardmember’s agreement with the issuer.
D. Late Fees. In the event your credit card is declined for any reason, you shall be subject to a Fifty Dollar ($50.00) decline fee. Service interrupted for non-payment is subject to a One Hundred Dollar ($100.00) reconnect charge. If your account is not fully paid within five (5) days of the due date, you shall be subject to a Fifty Dollar ($50.00) late fee.
E. Support Materials and Documentation. You understand that you are responsible for reading all support documentations, learning the software, configuring your software for your business practices, and configuring SmartMCA’s services to your needs. You may access SmartMCA’s support documents at http://support.smartmca.com. Additionally, SmartMCA provides support for individual questions related to SmartMCA via e-mail at firstname.lastname@example.org. Responses to individual questions are provided free of charge and response times may vary.
2. Appropriate Conduct
SmartMCA seeks to offer a unique and flexible tool to accomplish your goals. In this regard, SmartMCA does not limit the types of information, data, text, software, graphics, video, messages or other materials (“Content”) that you may choose to store in your account.
You understand that all Content is the sole responsibility of the person from which such Content originated and you agree that you will not store any Content on SmartMCA that is inconsistent with the primary purpose for which SmartMCA is offered.
You further agree that you are responsible for your conduct while using SmartMCA and any Content that you create, transmit or display while using SmartMCA’s services and for any consequences thereof. You agree to use SmartMCA’s services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any malicious activity as determined solely by SmartMCA or any activity that interferes with or disrupts SmartMCA’s services or servers or networks connected to SmartMCA’s services. To report any activity or Content that may violate the Terms, please go contact us at: email@example.com.
SmartMCA reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via SmartMCA services. You understand that by using SmartMCA you may be exposed to Content that is offensive, indecent or objectionable, and that you use SmartMCA’s services at your own risk.
In addition to this agreement, your use of some specific SmartMCA’ services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.
You agree to comply with your company’s data usage and privacy policies.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
3. Service Disclaimer
SmartMCA takes great efforts to offer you the best service available. If you are unable to access SmartMCA for reasons beyond your control, you agree to immediately notify SmartMCA and SmartMCA shall take commercially reasonable measures to restore your service. Despite the foregoing, you acknowledge that SmartMCA’s services may be unavailable from time to time for various reasons and waive all claims and/or causes of action arising from such interruption in service. You specifically waive any and all claims and/or causes of arising from but not limited to i) planned downtime and/or maintenance, ii) circumstances beyond the control of SmartMCA and SmartMCA, LLC. including force majeure, acts of government, acts of terror, labor disputes and natural disasters such as floods, fires and earthquakes, and iii) the unauthorized and/or malicious acts of third parties.
4. Proprietary Rights
A. SmartMCA, LLC. Rights
Subject to the limited rights expressly granted hereunder, SmartMCA reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. SmartMCA reserves the rights to make changes and enhancements to SmartMCA and promote the changes to you at our own discretion.
SmartMCA shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by You, including Users, relating to the operation of the Services.
SmartMCA reserves the right in their sole discretion to refuse or remove any Content provided by you.
B. Your Rights
SmartMCA claims no ownership or control over any Content submitted by you, posted or displayed by you on or through SmartMCA Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through SmartMCA services and you are responsible for protecting those rights, as appropriate. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
6. Automatic Updates
SmartMCA may enhance and further develop SmartMCA’s services, including providing bug fixes, patches, enhanced functions, missing plug-ins and changes to the user interface. SmartMCA will make enhancements to SmartMCA available to you at no charge. You agree to accept such changes.
7. Policies Regarding Copyright and Trademark
It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law and to terminate the accounts of repeat infringers.
Any use of SmartMCA or SmartMCA’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with these Terms.
8. General Practices Regarding Use
You agree that SmartMCA has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by SmartMCA’s services.
Upon the termination of your use of SmartMCA’s services, including upon receipt of a certificate or other legal document confirming your death, SmartMCA will close your SmartMCA account and you will no longer be able to retrieve content contained in that account.
9. Personal Non-Commercial Use
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of SmartMCA, use of SmartMCA’s services, or access to SmartMCA’s services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
10. Modifications to Service
SmartMCA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, MCA Suit’s services (or any part thereof) with or without notice. You agree that SmartMCA shall not be liable to you or to any third party for any modification, suspension or discontinuance of SmartMCA’s services.
You may discontinue your use of SmartMCA’s services at any time by contacting SmartMCA at firstname.lastname@example.org. Upon termination, all of your Content will be immediately deleted. Deleted information cannot be recovered once your account is cancelled. If you cancel your use of SmartMCA’s services before the end of your current paid up month, your cancellation will take effect immediately however no refunds and/or credits shall be given for partial months of service or for months of unused service with an open account.
You agree that SmartMCA may at any time and for any reason, terminate your access to SmartMCA’s services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to SmartMCA’s services, your account or any files or other content contained in your account. Sections 11 (Termination), 12 (Indemnity), 13(Disclaimer of Warranties), 14 (Limitations of Liability), 15 (Exclusions and Limitations) and 17 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.
You agree to hold harmless and indemnify SmartMCA, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “SmartMCA and Partners”) from and against any third party claim arising from or in any way related to your use of SmartMCA’s services, violation of the Terms or any other actions connected with use of SmartMCA’s services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, SmartMCA will provide you with written notice of such claim, suit or action.
13. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF SMARTMCA’S SERVICES IS AT YOUR SOLE RISK. SMARTMCA’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTMCA AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. SMARTMCA AND PARTNERS DO NOT WARRANT THAT (i) SMARTMCA’S SERVICES WILL MEET YOUR REQUIREMENTS, (ii) SMARTMCA’S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SMARTMCA’S SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SMARTMCA’S SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SMARTMCA’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMARTMCA OR THROUGH OR FROM SMARTMCA’S SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMARTMCA AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMARTMCA OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SMARTMCA SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SMARTMCA SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SMARTMCA SERVICES; OR (v) ANY OTHER MATTER RELATING TO SMARTMCA’S SERVICES.
15. Exclusions and Limitations
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that SmartMCA may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on SmartMCA’s services.
18. General Information
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to you from time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and SmartMCA and govern your use of SmartMCA’s services, superseding any prior agreements between you and SmartMCA for the use of SmartMCA’s services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SmartMCA’s services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and SmartMCA shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and SmartMCA agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New Jersey, state of New Jersey.
Waiver and Severability of Terms. The failure of SmartMCA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of SmartMCA’s services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.