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Last Modified: March 13, 2024
Any questions about the policy should be sent to support@smartsuite.com

Website Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY.

Welcome to SmartSuite! These Terms of Use apply to our website and any other site where we display these terms. SmartSuite Holdings, Inc. (“SmartSuite” or “we”) operates each of these sites to provide online access to information about SmartSuite, our products, services, and opportunities.

Please note that your use of the SmartSuite Subscription Services (whether free or paid) is governed by our Customer Terms of Service, available at this link.

By accessing and using any of our sites, you agree to these Terms of Use and our Global Privacy Policy, which you can find here.

We reserve the right to modify these Terms of Use at any time without prior notice. Your continued site use after any such modification constitutes your agreement to follow and be bound by the updated Terms of Use. The date of the last revision is indicated above, so make sure to check back for any updates.

Since our Terms of Use govern your use of our sites, please read them carefully. The key sections include:

  1. Authorized Site Usage
  2. Restricted Site Activities
  3. Intellectual Property Rights
  4. User-Generated Content and Materials
  5. External Website Links
  6. File Downloads
  7. Limitations and Disclaimers
  8. Liability Protection
  9. Supplementary Conditions
  10. Overall Guidelines

1. Authorized Site Usage

You are allowed to use a Site and the content (including information, writings, images, and other works) that you encounter on a Site solely for your personal, non-commercial purposes. Additionally, you can explore SmartSuite’s offerings in accordance with these Terms of Use.

2. Restricted Site Activities

When you access a website, you agree not to:

  • Use the site in violation of its Terms of Use.
  • Copy, modify, create derivative works, reverse engineer, or attempt to discover source code.
  • Sell, sublicense, distribute, or transfer any rights to the content or site.
  • Employ automated systems that overload the site’s servers.
  • Cause damage or interfere with others’ use of the site.
  • Mirror or frame the site on another webpage.
  • Attempt unauthorized access.
  • Use the site unlawfully

Remember that unauthorized use may violate patent, copyright, and trademark laws.

3. Intellectual Property Rights

  • Each Site is built on proprietary SmartSuite technology and contains Content. These Sites are protected by intellectual property laws, including trademark and copyright laws.
  • All intellectual property rights in a Site belong to SmartSuite or its licensors (if any). SmartSuite retains all copyrights in the Content.
  • Unless specifically allowed for certain Content on a Site, you may not:
  • Copy, reproduce, modify, publish, upload, post, transmit, perform, or distribute the Content.
  • Create derivative works based on the Content or Site.
  • Rent, lease, loan, sell, or distribute the Content or Site.
  • SmartSuite’s trademarks, including the Sprocket Design and logos, are its property.
  • The appearance, layout, color scheme, and design of SmartSuite.com are protected trade dress.
  • You don’t receive any right or license to use the above trademarks or trade dress.
  • SmartSuite may incorporate suggestions or feedback you provide into a Site or the SmartSuite Service without payment or condition.
  • Follow the instructions in the Claims of Copyright Infringement section for copyright infringement claims.

Remember that unauthorized use may violate patent, copyright, and trademark laws.

4. User-Generated Content and Materials

By accessing a Site, you agree that:

  • You have the right, title, and interest in materials you post or provide to SmartSuite (“Materials”).
  • You’ve obtained any necessary consent, authorization, release, or license from third parties to provide the Materials.
  • Posting the Materials doesn’t violate patents, copyrights, trademarks, trade secrets, privacy rights, or other intellectual property rights.
  • You won’t breach any agreements by posting the Materials.
  • You grant SmartSuite the rights to display, reproduce, and disseminate the Materials.
  • You confirm your identity and the accuracy of the information in the posted Materials.
  • The Materials don’t contain threatening, harassing, false, defamatory, offensive, obscene, or pornographic content.
  • You won’t knowingly provide misleading information.
  • The Materials comply with these Terms of Use.

5. Links to Third-Party Web Sites

When you encounter links on a Site that lead to third-party websites or information, keep the following in mind:

  • These links are provided for your convenience.
  • If you choose to use these links, you’ll leave the original site and become subject to the terms and privacy policies of those third parties.
  • The presence of these links does not imply endorsement, sponsorship, or recommendation by SmartSuite for the third-party website or its content.
  • SmartSuite is not responsible for the availability of any external websites.
  • SmartSuite is not liable for any content on those third-party sites.

Remember to exercise caution when navigating to external links

6. File Downloads

SmartSuite cannot guarantee or warrant that files available for download through a Site will be free of infection by software viruses or other harmful computer code, files, or programs.

7. Limitations and Disclaimers

SMARTSUITE, ALONG WITH ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS, DOES NOT GUARANTEE OR WARRANT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, OR ACCURACY OF A SITE OR ITS CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES, SITES, AND RELATED CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SMARTSUITE AND ITS PARTNERS EXPLICITLY DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION OBTAINED FROM SMARTSUITE, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY BEYOND WHAT IS EXPRESSLY OUTLINED IN THIS AGREEMENT. THE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTSUITE, ALONG WITH ITS SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER TYPE OF DAMAGES. THIS INCLUDES DAMAGES RELATED TO COVER OR LOSS OF USE, DATA, REVENUE, OR PROFITS ARISING FROM THE USE OR PERFORMANCE OF A SITE, THE DELAY OR INABILITY TO USE A SITE, OR ANY CONTENT. WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, SMARTSUITE’S LIABILITY IS LIMITED. HOWEVER, BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF, DESPITE THE OTHER TERMS OF THIS AGREEMENT, SMARTSUITE IS FOUND LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM, OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF SMARTSUITE AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED U.S. DOLLARS.

8. Liability Protection

You, as a user, understand and agree that you are personally responsible for your behavior on a Site. By using the site, you agree to:

  • Indemnify, defend and hold harmless SmartSuite, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers.
  • This includes protection against all claims, losses, expenses, damages, and costs (including direct, incidental, consequential, exemplary, and indirect damages), as well as reasonable attorneys’ fees.
  • These claims may result from your use, misuse, or inability to use a Site, violation of these Terms of Use, or any other related actions.

Remember that unauthorized use may violate patent, copyright, and trademark laws.

9. Supplementary Conditions 

a. Profiles:

  • Some Sites allow you to create and maintain a public profile.
  • By creating a profile, you agree to:
    • Be at least 18 years old.
    • Provide accurate information to the best of your knowledge.
    • Comply with applicable laws.
    • Follow the community rules and/or code of conduct provided on the Site.
    • We may limit profile features, including connections and user contact abilities.
    • We reserve the right to edit or remove your submitted materials at our discretion.
    • Account restrictions or suspensions may also apply.
    • Either you or we can remove your profile at any time; refer to the community rules for additional details.

b. Customer Terms of Use:

If you are a SmartSuite customer or an employee, representative, or agent of a SmartSuite customer, your use of the SmartSuite Subscription Service is subject to the SmartSuite Customer Terms of Use, available at this link.

10. General Guidelines

a. Entire Agreement/No Waiver:

  • These Terms of Use constitute the entire agreement between the parties regarding the subject matter.
  • No waiver by SmartSuite of any breach or default shall affect preceding or subsequent breaches.

b. Correction of Errors and Inaccuracies:

  • The Content may contain typographical errors or inaccuracies and may not be complete or current.
  • We reserve the right to correct errors, inaccuracies, or omissions and update the Content without prior notice.
  • However, we do not guarantee that all errors or inaccuracies will be corrected.

c. Enforcement/Choice of Law/Choice of Forum:

  • If any part of these Terms of Use is deemed invalid or unenforceable, it will not affect the other provisions.
  • All disputes related to these terms, SmartSuite’s Privacy Policy, site usage, or content are governed by Delaware law.
  • You agree to the exclusive jurisdiction of federal or state courts in Delaware for any disputes.

Claims of Copyright Infringement

DMCA Notices:

SmartSuite respects the intellectual property rights of others, and we ask our users to do the same. SmartSuite may, at its sole discretion, suspend access to or terminate users' accounts who violate others' intellectual property rights.

If you believe that your work has been copied in a way that constitutes infringement on SmartSuite's website, please provide the following information to SmartSuite's Copyright Agent.

Contact SmartSuite:

The SmartSuite Copyright Agent for notice of claims of copyright infringement on or relating to this website ("Notifications") can be reached either by sending an e-mail to support@smartsuite.com or by sending a letter via U.S. Mail to: SmartSuite Holdings, Inc., 3857 Birch Street, #945 Newport Beach 92660 Attn: Copyright.

Submission of Notification:

To ensure effectiveness, the notification must include the following details:

  1. Physical or Electronic Signature:
    1. A signature from a person authorized to act on behalf of the owner of an exclusive right allegedly infringed (“Complaining Party”).
  2. Identification of Copyrighted Work:
    1. Specify the copyrighted work claimed to have been infringed.
    2. If multiple copyrighted works at a single online site are involved, provide a representative list of those works.
  3. Material Identification:
    1. Clearly identify the material claimed to be infringing or the subject of infringing activity.
    2. Include information to help SmartSuite locate the material.
  4. Contact Information:
    1. Provide details for SmartSuite to contact the Complaining Party:
      1. Address
      2. Telephone number
      3. If available, an electronic mail address
  5. Good Faith Belief Statement:
    1. State that the Complaining Party believes in good faith that the material’s use does not have authorization from the copyright owner, its agent, or the law.
  6. Accuracy and Authorization Statement:
    1. Confirm that the information in the notification is accurate.
    2. Declare, under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of the allegedly infringed exclusive right.

Receipt of Notification:

Upon receiving the written Notification containing the information outlined in points 1 through 6:

  1. SmartSuite will promptly remove or disable access to the material alleged to be infringing.
  2. SmartSuite will forward the written notification to the alleged infringer (the “Alleged Infringer”).
  3. SmartSuite will take reasonable steps to notify the Alleged Infringer that access to the material has been removed or disabled.

Counter Notification:

An Alleged Infringer may submit a counter-notification to contest the claim of alleged infringement. For it to be effective, the Counter Notification must be a written communication provided to SmartSuite’s Copyright Agent and include the following:

  1. A physical or electronic signature of the Alleged Infringer.
  2. Identification of the removed material and its previous location.
  3. A statement, under penalty of perjury, that the Alleged Infringer believes the removal was due to mistake or misidentification.
  4. The Alleged Infringer’s name, address, telephone number, and consent to the jurisdiction of the Federal District Court.