This is an agreement between you or the entity that you represent (hereinafter “You” or “Your”) and SmartSign2go (hereinafter “SmartSign2go”, “We”, “Our”, or “Us”).
SmartSign2go provides an internet based platform to provide a service for digital signage management, hereinafter called the “Service”. It is comprised of a server and website at www.SmartSign2go.com that manages displays, content and users, and its functions are available through the SmartSign2go website and an application program interface (API).
By using SmartSign2go’s service (the Service) or any SmartSign2go products or data feeds you signify your agreement to (1) these terms and conditions (the "Terms of Service") found at www.SmartSign2go.com/pages/terms-of-service , (2) SmartSign2go's privacy notice, found at www.SmartSign2go.com/privacy-policy and incorporated herein by reference, and (3) SmartSign2go's Usage Guidelines, referenced below under “General use of service.” If you do not agree to any of these terms, the SmartSign2go privacy notice, or the Usage Guidelines, please do not use the Service and delete your SmartSign2go account. These Terms apply to anyone who uses the Service.
Although SmartSign2go may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at www.SmartSign2go.com/pages/terms-of-service. SmartSign2go may, in its sole discretion, modify or revise these Terms of Service and policies at any time. By continuing your use of the Service, you're agreeing to these Terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
You may be required to create an account for one or more users to access the Services. You are solely responsible for the activity that occurs within your accounts, and you must keep your account passwords secure. You will be responsible for any activities that take place under your accounts, or that take place on or via any of your displays and other mediums. If you become aware of any unauthorized use of your accounts or any other breach of security, you must notify us immediately.
Although SmartSign2go will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SmartSign2go or others due to such unauthorized use.
If any information that you provide during registration is not accurate (or if we have reasonable grounds to believe so), then as detailed further below under “Termination,” we have the right to suspend or terminate your account and refuse to grant you further access to the Service.
You further agree that whether you register an account or not you are at least 18 years of age on the date that you used the Service.
SmartSign2go hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
SmartSign2go reserves the right to discontinue any aspect of the Service at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of any data, text, information, links, graphics, photos, profiles, audio and video (“Content”).
SmartSign2go does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and SmartSign2go expressly disclaims any and all liability in connection with Content. SmartSign2go does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and SmartSign2go will remove all Content if properly notified that such Content infringes on another's intellectual property rights. SmartSign2go reserves the right to remove Content without prior notice.
You understand and agree that as part of the Service, you may receive certain communications from us, such as account creation confirmations, service announcements, administrative messages and any of the opt-in newsletters. You will be able to opt out of most of these communications, but not others (such as those concerning your account, displays, users and other administrative or monitoring matters). SmartSign2go promises to never rent or sell your personal information, and you will never receive email from a third party as a result of your relationship with us, unless we explicitly ask and you explicitly opt in to do so.
We bill subscription charges, if any, one period in advance and unless agreed in writing, you authorize us to automatically charge your credit card or other agreed upon payment method at such time. We may modify our charges with 30 days prior notice to you. In addition to our charges we will also include applicable goods, sale, service or use taxes which we are required to charge by law and if there are additional taxes you agree to self assess and remit the additional tax - you are responsible for taxes, not us, and as such you will indemnify us for all liabilities in this regard.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, without liability to you or any third party.
The Terms of Service remain in effect while you continue to use the Service. You can Terminate the Service for any or no reason, with or without prior notice, at any time without liability for Termination. You may Terminate by ceasing to use the Services and providing us with written notice and you agree that you won't be entitled to a refund of any unused portion of charges billed, if any, for the Service to the date of Termination. We may Terminate the Agreement by discontinuing the provision of the Service to you and we will return all funds paid for the Services remaining, if any, on a pro-rated basis. SmartSign2go will terminate a user’s account:
You acknowledge and agree that the servers that are used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
The Service is provided on an "as is" and "as available" basis. You expressly understand and agree that your use of the Service is at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the service will be uninterrupted, timely, secure, or error-free, or that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the software will be corrected. We further make no representations or warranties for any third-party and any services, products, functions or content provided by them to you is between you and them.
You expressly understand and agree that SmartSign2go, its officers, directors, employees or agents will not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary 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), resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted in the applicable jurisdiction.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless SmartSign2go, its parent corporation, officers, directors, employees and agents, and its subsidiaries, affiliates, advertisers, licensors, suppliers or partners, (collectively "SmartSign2go and Partners") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
These Terms of Service and the relationship between you and us will be governed by the laws of the United States of America. Each of the parties hereto irrevocably attorns to the jurisdiction of the USA, and further agrees to commence any litigation that may arise hereunder in the Courts of Justice in the USA. These Terms of Service, together with any other agreements incorporated by reference or entered into between you and us in connection with your registration constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us.
You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. If we fail to exercise or enforce any right or provision of the Terms of Service it will not constitute a waiver of such right or provision. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and such provision shall not affect the enforceability of such provision under other circumstances, or the remaining provisions hereof under all circumstances. 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 the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If at any point, you feel as though you have a dispute with us, you agree to abide by our dispute resolution principles:
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to SmartSign2go and/or its suppliers, subject to copyright and other intellectual property rights under the law.
If you have any questions please send an email to support@SmartSign2go.com.--------------------------------------"