Terms of Service

Last Modified April 8, 2018

All customers agree to the terms and conditions below. PLEASE READ IN ENTIRETY AND REVIEW CAREFULLY. BY USE OF THIS SERVICE YOU ARE INDICATING YOUR AGREEMENT THAT YOU, YOUR COMPANY, OR ANY ENTITY YOU REPRESENT, WILL BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THESE SERVICES.

Thank you for choosing SMMware, offered by SMMware LLC (referred to as “SMMware”, “we”, “our”, or “us).

Service Provision

SMMware will provide Customer access to SMMware’s Web based Service to process and store data. These Terms of Service take effect at the time a Customer registers a subscription to SMMware and continue until termination unless otherwise indicated below.

Modification

SMMware reserves the right, at its sole discretion, to modify or terminate the SMMware service or to modify these Terms of Service, at any time and without prior notice. Any modifications to these terms will be published to the Site with a new ‘last modified date’ or provide you with electronic notice of the modification. Your continued use of the service indicates agreement to the modified Terms of Service. If these terms are not acceptable, you are required to stop using the Service.

Communication

You agree that SMMware can communicate with you via email or by posting communications on our corporate website.

Privacy and Security

  • For information regarding the collection and use of personal information see the SMMware Privacy Policy at http://www.smmware.com/privacy-policy/. Acceptance of these Terms of Service means that you have read and agree with the terms of the Privacy Policy.
  • SMMware is not obligated to monitor the service but has the right to monitor the service. SMMware has the right to disclose any informatino arising from the service, to satisfy demand of government or auditors or to protect SMMware or its customers. SMMware has a right to remove unacceptable material but not an obligation.
  • Customer will not disclose passwords to unauthorized third parties.
  • SMMware will not be liable for any damages incurred by Customer resulting or arising from the use of the Service, including without limitation any unauthorized access or disclosure of Customer Data, arising from the actions of the Customer, of any third party, or of the failure of security measures.
  • Each party will provide prompt notice to the other upon becoming aware of any unauthorized access to Customer Date and/or passwords.

Limitation of Liability

SMMware LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SERVICE OR PERFORMANCE THEREOF. SMMWARE SPECIFICALLY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMMWARE DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR OPERATE WITHOUT INTERRUPTION OR DOWNTIME OR BE FREE OF ERROR. SMMware DOES NOT WARRANT THAT YOUR USE OF THIS SERVICE WILL COMPLY WITH LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

Indemnification

Customer will indemnify and hold harmless SMMware LLC and its officers, employees, successors and assigns from all damages and liability, including without limitation reasonable attorney’s fees incurred from Customer violation of the terms of this Agreement, the negligant or willful acts of Customer, or violation by Customer of SMMware’s rights, including privacy and property rights. Customer’s obligation will survive the termination of this Agreement by either party.

Payment

Payment will be billed to you in U.S. Dollars against a valid credit or debit card acceptable to SMMware. You must notify us promptly of changes in your billing information, and SMMware reserves the right to suspend or terminate Services for failure to do so.

License

SMMware grants use a limited, non-exclusive, non-transferable license to access the Service within the terms of this Agreement.

Intellectual Property

SMMware retains all rights, title, and interest in the SMMware Service. Customers agree not to create derivative works of or reverse engineer the Service. SMMware does not grant any license express or implied to the intellectual property of SMMware.

Termination

SMMware may in its sole discretion and without notice terminate the Agreement or suspect the Service if you are found in noncompliance with this Agreement or if you do not agree to receive electronic communications. Acceptance of this agreement constitutes agreement to receive electronic communication.

Service Interruption

SMMware will not be liable for any damages arising from interruptions to the Service or defects in transmission. No reductions of payments will be made resulting from temporary interruptions to the Service or defects in transmission. SMMware will not be liable for interruptions in service arising from acts of God, acts of Government, or failures of Internet providers, or any other cause beyond SMMware’s control.

Feedback

You agree that SMMware may use any feedback you provide, freely, within the Service and within advertising and marketing materials. You provide SMMware with a perpetual, worldwide, royalty free license to use any feedback you provide by any means.

Governing Law

This Agreement will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action will be the state and federal courts of the Western District of New York. All parties waive any objection regarding jurisdiction and venue in said courts.

Entire Agreement

These Terms of Service constitute the exclusive and entire agreement between SMMware and Customer. These Terms supercede and replace all prior agreements whether written or oral.