Use of this website is governed by the terms and conditions described below. Please read them carefully. Your use of this website indicates your acceptance of these terms and conditions. Smarter Forms reserves the right to make modifications to these Terms & Conditions of Use at any time and without notice to users. You accept the obligation to review these Terms & Conditions of Use prior to each use, and your use of this website constitutes an acceptance to be bound by any modifications. These Terms and Conditions of Use are referred to hereafter as the “Agreement”.
In addition, when using particular Smarter Forms owned or operated services, you and Smarter Forms shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or are hereby incorporated by reference into the Agreement.
The term “Service” shall mean the Internet web pages, data, analyses, screens, reports, documentation, spreadsheets, photographs, maps and other information of any kind that are accessible through the Smarter Forms web application, which application is currently located at various URLs owned and operated by Smarter Forms, as well as all updates, enhancements and modifications thereto, and all intellectual property contained therein. In addition, the meaning of “Service” shall include all correspondence, email, or data sent by Smarter Forms personnel or agents.
You (“User”) also understand and agree that the Service may include advertisements or links to third party websites. You also understand and agree that the Service may include certain communications from Smarter Forms, such as service announcements, administrative messages and various emails, which may include attachments. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Smarter Forms properties, shall be subject to the Agreement. You understand and agree that the Service is provided "AS-IS" and that Smarter Forms assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3.1 Proprietary Information. User acknowledges and agrees that: (i) the Service, including, without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”), is owned by Smarter Forms and its third party content providers (“Content Providers”), as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of Smarter Forms; (iii) the Proprietary Information is licensed, rather than sold, to User pursuant to this Agreement; and (iv) User has no rights in the Proprietary Information, other than the rights and licenses granted to User pursuant to this Agreement. Smarter Forms may disclose additional information to User in the form of upgrades, documentation or other support during the term of this Agreement and User agrees that such information shall also be deemed Proprietary Information.
3.2 Confidentiality. User hereby acknowledges that Smarter Forms may disclose to User, as part of or in conjunction with Proprietary Information, valuable confidential information of Smarter Forms. User agrees to hold all such confidential information in confidence and not to disclose such confidential information to anyone other than User's employees with a bona fide need to know, provided such employees are governed by a parallel confidentiality obligation of equal or greater force. Additionally, User agrees to use at least that degree of care which User uses to protect User’s own information of a similar confidential nature, but in no event less than reasonable protection. Excluded from such confidential information is information which, as proven by User by clear and convincing evidence, was in User’s possession without confidential limitation prior to disclosure, is known or becomes known to the general public without breach of this Agreement, is received rightfully by User without confidentiality limitations from a third party, or is disclosed publicly by Smarter Forms without substantially similar confidentiality restrictions. This confidentiality obligation is to survive the termination, expiration or cancellation of this Agreement for any cause whatsoever, and to remain in force in perpetuity.
3.3 Competitive Services. User is prohibited from, and shall not, develop, market or sell any Competitive Service based on or derived in any way from Proprietary Information or from the benefits of know-how resulting from access to or work with Smarter Forms’s confidential information. The term “benefits of know how” means information in non-tangible form which may be retained by persons who have had access to the Confidential Information, including ideas, concepts, know how or techniques contained therein.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Smarter Forms has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Smarter Forms has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Smarter Forms of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Smarter Forms cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6
Although Smarter Forms provides passwords and takes various security measures to protect its users and their data and documents, you agree that the Smarter Forms shall in no way be liable for the misuse of the information posted or disseminated in any form on or from Smarter Forms or the Services, nor shall it be liable for the misuse or misappropriation of designated passwords or allowance of illegal access to Smarter Forms or to information or documents generated from the use thereof.
You further agree that you will not abuse Smarter Forms or the Services by engaging in activities such as guessing, trying to obtain under false pretense, or using in an unauthorized manner someone else’s User Name and Password combination, or otherwise "hacking" into someone else’s Smarter Forms account or by using Smarter Forms for criminal, illegal or immoral purposes.
You understand that all information, data, text, photographs, graphics, video, maps, messages, tags, or other materials ("Content") are the sole responsibility of the person from whom such Content originated. This means that you, and not Smarter Forms, are entirely responsible for all Content that you make available via the Service. Smarter Forms does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Smarter Forms be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service.
You agree to not use the Service to:
You acknowledge that Smarter Forms may or may not pre-screen Content, but that Smarter Forms and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service, including, but not limited to, for sale listings and photographs. Without limiting the foregoing, Smarter Forms and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Smarter Forms or submitted to Smarter Forms, including without limitation information in Smarter Forms forums and in all other parts of the Service.
You acknowledge, consent and agree that Smarter Forms may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Smarter Forms, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Smarter Forms and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
When you register with Smarter Forms, you acknowledge that in using Smarter Forms services to send electronic communications (including but not limited to messages, emails, search queries, uploading photos and files to Smarter Forms, and other Internet activities), you will be causing communications to be sent through Smarter Forms's computer networks, portions of which are located in New Jersey and other locations in the United States and portions of which may be located abroad. As a result, and also as a result of Smarter Forms’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Smarter Forms does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Smarter Forms the following worldwide, royalty-free and non-exclusive license(s), as applicable:
When you list property for sale on Smarter Forms, you hereby grant to Smarter Forms an unlimited, unrestricted and royalty-free license to publish and display all, part or a modified version of the content provided by the member on any Smarter Forms controlled or sponsored website and on all other Smarter Forms controlled or sponsored publications and services. Furthermore, if you list property for sale on Smarter Forms, you grant Smarter Forms permission to distribute, by e-mail or otherwise, all, part or a modified version of the content provided by you to all Smarter Forms users, partners and affiliates and to any media Smarter Forms shall deem advisable in its sole determination for marketing and promotion purposes.
You agree to indemnify and hold Smarter Forms and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.
You acknowledge that Smarter Forms may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Smarter Forms has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Smarter Forms reserves the right to log off accounts that are inactive for an extended period of time or exceed Smarter Forms’s usage limits, which are determined at the sole discretion of Smarter Forms. You further acknowledge that Smarter Forms reserves the right to modify these general practices and limits from time to time.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purposes, any portion of the Service (including your Smarter Forms User ID or password), use of the Service, or access to the Service. Unless otherwise agreed with Smarter Forms in writing, your user ID and password is for the use of one and only person, you.
Smarter Forms reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Smarter Forms shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Smarter Forms may, under certain circumstances and without prior notice, immediately terminate your Smarter Forms account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Smarter Forms account includes (a) removal of access to all offerings within the Service, including but not limited to: Property Listings, Comparable Sales, Reports, Photographs, Maps, etc. (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Smarter Forms's sole discretion and that Smarter Forms shall not be liable to you or any third party for any termination of your account or access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Smarter Forms shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Smarter Forms has no control over such sites and resources, you acknowledge and agree that Smarter Forms is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Smarter Forms shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Smarter Forms or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Smarter Forms grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Smarter Forms for use in accessing the Service. You agree not to access or copy any portion of the Service through any automated viewing and downloading systems.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Smarter Forms AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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 Smarter Forms HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
You consent to receive communications from us electronically. We will communicate with you by email, regular mail or by postings on the Service. You agree that all agreements, notices, disclosures, amendments and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
The Smarter Forms and Smarter Forms logo are trademarks and service marks of Smarter Forms. (the "Smarter Forms Marks"). Without Smarter Forms's prior permission in writing, you agree not to display or use in any manner the Smarter Forms Marks.
Smarter Forms respects the intellectual property of others, and we ask our users to do the same. Smarter Forms may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Smarter Forms's
Copyright Agent the following information:
You agree that you are solely responsible for your use of Smarter Forms, including names, addresses, and telephone numbers. You agree that you are aware of any local, state, and federal laws regarding the use of such information, including but not limited to privacy, do-not-mail, and do-not-call statutes, and you shall observe all such laws. You agree to indemnify and hold Smarter Forms and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless for any breach of such laws on your part.
You agree that any claim or controversy, arising out of or relating to the use of Smarter Forms's services, to the goods or services provided by Smarter Forms, or to any acts or omissions for which you may contend Smarter Forms is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Bergen County, New Jersey. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to Smarter Forms. In any arbitration, Smarter Forms will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration being paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a court of competent jurisdiction in Bergen County, New Jersey. You and Smarter Forms agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND Smarter Forms WILL BE RESOLVED BY BINDING ARBITRATION IN Bergen County, New Jersey. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU AND Smarter Forms RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE THAT SUCH CLAIMS FOR INJUNCTIVE RELIEF MAY ONLY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN Bergen County, New Jersey.
You shall provide any legal notices to Smarter Forms, LLC by postal mail to:
c/o Corporate Legal Officer
Smarter Forms, LLC.
1020 N Milwaukee Ave
Deerfield, IL 60015
and Smarter Forms shall provide any notices to you at the email address you provide at registration, or such other address as either party shall specify in a notification in accordance with this section. Notices shall bear a label or language on the outer envelope indicating that the communication is a Legal Notice provided in accordance with this Agreement. Notice shall be deemed given twenty-four (24) hours after the email is sent, unless Smarter Forms receives notice that the address is invalid or the email has otherwise failed to reach the destination email address within such period. Alternatively, at its option, Smarter Forms may give you notice by commercial courier service or by certified mail, postage prepaid and return receipt requested, to the address you provide registration. In such case, notice shall be deemed given when received by you.
28.1 Entire Agreement. The Agreement constitutes the entire agreement between you and Smarter Forms and governs your use of the Service, superseding any prior agreements between you and Smarter Forms with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Smarter Forms services, affiliate services, third-party content or third-party software.
28.2 Interpreting the Agreement. All parts of this Agreement apply to the maximum extent permitted by law. The Agreement shall be subject to and construed in accordance with the laws of the State of New Jersey, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in arbitration, judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
28.3 Waiver and Severability of Terms. The failure of Smarter Forms to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement remain in full force and effect.
28.4 No Right of Survivorship and Non-Transferability. You agree that your Smarter Forms account is non-transferable and any rights to your Smarter Forms ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
28.5 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 the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Smarter Forms is an innovative startup leveraging new technologies to dramatically speed up creation of complex e-Form applications, simplify and standardize forms management across enterprise and greatly improve user experience. We are passionate about changing a way users interact with paper and PDF forms. Our team combines 70+ years of industry experience in creating sophisticated business process automation tools for large enterprises.Read more →
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