SITE TERMS & PRIVACY

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Privacy
Security
Terms
Copyright
End User License Agreement
Cookie Policy
Privacy and Security Importance
SMFORCE holds the privacy and security of our site visitors and clients in the highest regard. The following information explains what kind of information is gathered on our site and how that information is used. We can be reached via email at [email protected], postal mail at SMFORCE Customer Service, SMFORCE LLC, PO Box TBD.
STRIPE Processing
Stripe is a payment service provided by Stripe Inc. Personal Data collected: various types of Data as specified in the privacy policy of the service. Place of processing: United States – Click Here to review the Stripe Privacy Policy. -- Stripe is a Privacy Shield participant.
What type of information is collected?
You can visit our site without telling us who you are or revealing any personal information. While IP addresses (the Internet address of a computer) are logged to track a user's session, the user remains anonymous. Tracking IP addresses gives us an idea of which parts of our site users are visiting and how long they spend there. We do not link IP addresses to anything personally identifiable. This means that a user's session is tracked, but the user is anonymous. The user's browser also lets us know the type of computer and operating system being used. We retain the email addresses of only those who have requested, downloaded or purchased products from us, and those who sign up for one or more of our newsletters. Email addresses are used to send you information that you requested and periodically check back with additional information or feedback. We do not rent or sell your personally identifiable information to third parties for marketing purposes. We do not share your contact information with another User without your consent. Any personally identifiable information that you provide will be secured with industry standard protocols and technology.
Registration
In order to become a User, you must first create an account through SMForce.net. To create an account you are required to provide the following contact information, which you recognize and expressly acknowledge is personal information allowing others to identify your: name, email, address, country, ZIP/postal code, and a password chosen by you, etc.. As a User, you have certain obligations toward the other Users with whom you will be communicating. Certain of these obligations are imposed by applicable law and regulations, and others have become commonplace in user-friendly communities of like-minded members. You must respect the terms and conditions of the then current Privacy Policy and this Site Terms of Use Agreement. This includes respecting all intellectual property rights which may belong to third parties (such as photographs). You must not upload, download or otherwise disseminate any information which may be deemed to be injurious, violent, offensive, racist or xenophobic or which may otherwise violate the purpose and spirit of SMForce and its community. You must not provide information to SMForce and/or other Users which you believe might be injurious or detrimental to your person, professional or social status. Any violation of these guidelines may lead to the restriction, suspension or termination of your account, as we take these principles seriously and consider them to be the basis on which our Users adhere to the website and the services which it offers.
Notice: Acceptance of Terms of Use
Use of this Site is subject to certain Site Terms of Use, which constitute a legal agreement between you and SMFORCE, LLC. By using this Site, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use. Please review the Site Terms of Use, and if you do not agree to the terms, do not use this Site.
Notice: Acceptance of Contract Terms
The following are terms of a legal agreement between you and SMFORCE, LLC ("SMFORCE"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by SMFORCE from its offices within the United States. SMFORCE makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Delaware.
Use Restrictions
The copyright in all material provided on this Site is held by SMFORCE or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SMFORCE or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without SMFORCE's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SMFORCE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF SMFORCE OR A SMFORCE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Transmissions and Communications
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by SMFORCE or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to SMFORCE Online will be handled in accordance with SMFORCE's Online Privacy Practices. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Notice: Terms of Use Revisions
SMFORCE may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
Copyright and Trademark
The copyright in all material provided on this site ("Site") is held by SMFORCE or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of SMFORCE or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without SMFORCE's permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Notice: Acceptance of Terms of Use
Use of this Site is subject to certain Site Terms of Use, which constitute a legal agreement between you and SMFORCE , LLC By using this Site, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use. Please review the Site Terms of Use, and if you do not agree to the terms, do not use this Site. All SMFORCE, LLC software and other products and services are protected by United States Copyright Law and International Treaty Provisions. You may not modify, duplicate in any form, rent, lease, loan, distribute or create derivative works based on information provided in whole or in part. Any reproductions or modifications by means now known or hereafter invented, without the express written consent of SMFORCE, LLC is strictly prohibited and will be prosecuted to the fullest extent of the law.
Warranties and Disclaimers
The information contained on this site is provided "as is" without warranty, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SMFORCE assumes no responsibility for errors or omissions in these pages or other documents which are referenced by or linked to these web pages. References to corporations, services and products, are provided "as is" without warranty of any kind, either expressed or implied. In no event shall SMFORCE be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibilities of damage, and on any theory of liability arising out of or in connection with the use or performance of the information. These documents could include technical or other inaccuracies or typographical errors. SMFORCE assumes no liability for errors or omissions in these documents and reserves the right to make changes at any time.
How does SMForce use cookies?
A cookie is a small piece of text that allows a website to recognize your device and maintain a consistent, cohesive experience throughout multiple sessions. If you use or browse SMForce , both SMForce and third parties will use cookies to track and monitor some of your activities on and off the SMForce Network, and store and access some data about you, your browsing history, and your usage of SMForce. This policy describes how both SMForce and other third parties use cookies both within and without the SMForce Network and how you can exercise a greater degree of control over cookies. Please keep in mind that this may alter your experience with our platform, and may limit certain features (including being logged in as a user).
General Browsing
We use cookies that are important for certain technical features of our website, like logging into user accounts and implementing fixes and improvements to our platform. These cookies:
Enable behavior in our Products and/or Services that is tailored to the activity or preferences of a person visiting our properties Allow users to opt out of certain types of modeling, tailoring, or personalization in our products Collect information on our users’ preferences in order to create more useful products Maintain the regular business operations of our Advertising and Marketing departments (such as one-time pop-ups or “hero” displays when first visiting a site and to collect impressions and click data) Help to diagnose and correct downtime, bugs, and errors in our code to ensure that our products are operating efficiently
What information is collected via cookies?
In general, we collect most data from you via form submission. However, there are cases when visiting our site and/or using our platforms in which we may receive certain information through the use of cookies. This data will generally not include personally identifying information about you.
Unique identification tokens
User preferences such as favorite tags (for anonymous users only)
EULA (End User License Agreement)
IMPORTANT READ CAREFULLY Read the terms and conditions of this EULA before installing, copying or otherwise using any SMFORCE product. This End-User License Agreement (EULA) is a legal agreement between you, (Customer or you), and SMFORCE , LLC (SMFORCE). This EULA is valid and grants the end-user rights only if the software is genuine and was purchased from SMFORCE or an authorized reseller. This EULA pertains to all SMFORCE software and products, including electronic downloads, CD-Roms, diskettes, associated media, printed materials and electronic documentation. BY CLICKING I ACCEPT, INSTALLING, COPYING, OR OTHERWISE USING ANY PART OF THE ABOVE SOFTWARE OR ANY ASSOCIATED MEDIA, PRINTED MATERIALS, OR ANY ONLINE OR ELECTRONIC DOCUMENTATION (THE SOFTWARE), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. If you do not agree to the terms of this EULA, promptly contact SMFORCE for instructions on return of the unused product(s) for a refund in accordance with SMFORCE's return policies. The term Computer used herein shall mean the Hardware, if the Hardware is a single computer system, or shall mean the computer system in which the Hardware operates, if the Hardware is a computer system component. 1. Grant of Non-Exclusive, Limited License Provided you have paid all applicable fees, registered the software with SMFORCE and otherwise complied with this License Agreement, SMFORCE grants you the following: 1.1 Installation and use. Except as otherwise expressly provided in this EULA, you may install and use one copy of the Software on a single Computer. THE SOFTWARE MAY NOT BE INSTALLED, ACCESSED, DISPLAYED, RUN, SHARED, OR USED CONCURRENTLY ON OR FROM DIFFERENT COMPUTERS, INCLUDING A WORKSTATION, TERMINAL OR OTHER DEVICE. If you purchase multiple computer Licenses for the Software from SMFORCE, the Software may be installed, accessed, displayed, run, shared, or used concurrently on or from different computers, provided that each individual user accessing the software has a valid Software License used only by that individual. 1.2 Software Transfer. The Software may not be shared or used concurrently on different computers. The initial licensee of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and this EULA). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE product. 1.3 EULA Grant for Remote Desktop. You may use remote access technologies to access and use your licensed copy of the Software, provided that only the primary user of the device hosting the remote desktop session access and uses the software with a remote access device. These remote desktop rights do not permit you to use the Software on both the device hosting the remote desktop session and the access device at the same time. 1.4 EULA Grant for Remote Assistance. You may permit any device to access and use your licensed copy of the Software for the purpose of providing you with technical support and maintenance services. 1.5 EULA Grant for Documentation. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only. 1.6 EULA Grant for Templates. This Software includes templates. You may copy and modify the templates available as part of the SMFORCE software that accompanies this EULA and distribute such templates along with your modifications for use by other licensees of the software. YOU MAY NOT SELL, RESELL, LICENSE, RENT, LEASE, LEND, OR OTHERWISE TRANSFER FOR VALUE, THE TEMPLATES. You may not copy or post any templates on the Internet or broadcast it in any media. You must indemnify and defend SMFORCE against any claims or lawsuits, including attorneys' fees, that arise from or result from the modifications to templates by you. 1.7 Back-up Copy. You may make a single back-up copy of the software. You may use one back-up copy of the software solely for your archival purposes and to reinstall the software on the computer. You may not otherwise make copies of the software, including the printed materials that accompany the software. YOU MAY NOT LOAN, RENT, LEASE, LEND, OR OTHERWISE TRANSFER THE CD OR BACK-UP COPY TO ANOTHER USER. 2. Reservation of Rights and Ownership SMFORCE reserves all rights not expressly granted to you in this EULA. This is a license agreement and not an agreement for sale. SMFORCE continues to own the copy of the software and all other copies that you are authorized by this agreement to make. The Software is protected by copyright and other intellectual property laws and treaties. SMFORCE owns the title, copyright, and other intellectual property rights in the Software. This EULA does not grant you any rights to trademarks or service marks of SMFORCE. Nothing in this agreement constitutes a waiver of SMFORCE's rights under U.S. Copyright law, International Treaty Provisions, or any other federal or state law. 3. Limitations on Reverse Engineering, Decompilation, and disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 4. Appropriate Use This software is not meant to be, nor does it constitute legal or business advice. None of these contracts, forms and templates should be used without appropriate customization and advice from properly licensed legal counsel familiar with the law that may apply to your circumstances. SMFORCE takes no responsibility for the applicability of these materials for the particular transaction you will be undertaking. SMFORCE , LLC. WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, ARISING IN TORT, NEGLIGENCE, CONTRACT OR OTHERWISE, IN CONNECTION WITH THE USE IN ANY MANNER OF THE CONTENTS OF THESE MATERIALS. 5. Upgrades To use software identified as an upgrade, you must first be licensed for the software identified by SMFORCE as eligible for the upgrade. After installing the upgrade, you may no longer use and you may not transfer the original that formed the basis for your upgrade eligibility, except as part of the upgraded software. 6. Separation of Components The Software is licensed as a single product. ITS COMPONENT PARTS MAY NOT BE SEPARATED FOR USE ON MORE THAN ONE COMPUTER. 7. Termination Without prejudice to any other rights, SMFORCE may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the software and all of its component parts. 8. Limited Warranty 8.1 Limited Warranty Conditions. SMFORCE grants you a Limited Warranty that the software will materially conform to the documentation and User Guide for ninety (90) days, following your receipt of the Software. This is your only Warranty. SMFORCE does not warrant that this software will meet your requirements. SMFORCE excludes and expressly disclaims all express and implied warranties not stated herein, including the implied warranties of merchantability and fitness for a particular purpose. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer or it, you also have an implied warranty or condition, but only as to defects discovered during the period of this limited warranty (ninety days). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition may last, so this statement may not apply to you. 8.2 Warranty for Supplements and Updates. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety-day period are not covered by any warranty or condition, express, implied, or statutory. 8.3 Limitation on Remedies; no Consequential or Other Damages. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except as for any refund elected by SMFORCE, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet the Manufacturer's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 10 (Exclusion of Incidental, Consequential, and Certain Other Damages) are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. 8.4 Your Exclusive Remedy. SMFORCE's entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA, or for any other liability relating to the Software shall be, at SMFORCE's option from time to time exercised subject to applicable law (a) return of amount paid (if any) for the Software in accordance with SMFORCE's return policies, or (b) repair or replacement of the Software that does not meet this Limited Warranty and that is returned to SMFORCE with a copy of your invoice at the address specified by SMFORCE. You will receive the remedy elected by SMFORCE without charge, except that you are responsible for any expenses specified in SMFORCE's warranty remedy documentation. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty days, whichever is longer, and SMFORCE will use commercially reasonable efforts to provide you remedy within a commercially reasonable time of your compliance with SMFORCE's warranty remedy procedures. 9. Disclaimer of Warranties SMFORCE's entire liability to you for any losses shall be limited to the amount you originally paid for the software if any. In no event shall SMFORCE be liable for any indirect, special, incidental, punitive, or consequential damages (including loss of profits) even if SMFORCE has been advised of the possibility of such damages. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, SMFORCE provides the Software and support services WITH ALL FAULTS, and hereby disclaims all other warranties and conditions, whether express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties, or conditions, of merchantability, of fitness for a particular purpose, or reliability or availability, of accuracy or completeness of response, or results, of workmanlike effort, of lack of viruses, and of lack of negligence, all support or services, information, software, and related content through the Software or otherwise arising out of use of the software. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or noninfringement with regard to the software. 10. Exclusion of Incidental, Consequential, and Certain Other Damages TO THE MAXIMUM EXTENT PERMITTED BY ALL APPLICABLE LAW, IN NO EVENT SHALL SMFORCE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGE FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY OR GOOD FAITH OR REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OF OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF SMFORCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11. Limitation of Liability and Remedies NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE) THE ENTIRE LIABILITY OF SMFORCE UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY SMFORCE WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER AMOUNT OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S. $5.00. The foregoing limitations, exclusions, and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 12. Entire Agreement; Servability. This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and SMFORCE relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect. 13. Notice: Specifications Subject to Change Unless otherwise provided by written agreement with SMFORCE , LLC, this publication is provided as is without warranty of any kind, expressed or implied, including, but not limited to, the implied warranties of merchantability of fitness for a particular purpose. Some states do not allow disclaimer of expressed or implied warranties in certain transactions, so this statement may not apply to you. While reasonable efforts have been made to assure the accuracy of this documentation, in no event will SMFORCE , LLC be liable for direct, indirect, special, incidental, or consequential damages resulting from any defect in the publication or the associated software. SMFORCE , LLC reserves the right to change this document at any time without obligation to notify anyone.