Terms and Conditions

Welcome to theSmartFieldForms public website located at www.smartfieldforms.com (the “Site”). Except as may be expressly noted otherwise for certain non-public portions of the Site, these Terms and Conditions apply to all visitors of the Site.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SMARTFIELDFORMS; PLEASE REVIEW THIS PAGE CAREFULLY.  

By accessing and using the Site, you hereby indicate your acceptance of the policies, terms and conditions set forth below comprising the Terms of Use for the Site (the “Agreement”).  If you are agreeing to these terms on behalf of an organization (“Organization”), then you represent and warrant that you have the authority to so bind the Organization to these Terms.

1. You acknowledge and agree that SMARTFIELDFORMS, including its respective affiliates and subsidiaries (hereinafter, collectively referred to as “SMARTFIELDFORMS”), is granting you access to and use of the Site and/or Its Mobile App (collectively the “Site”), including any Software or Content, subject to the policies, terms and conditions contained in this Agreement, and any terms and conditions that may be attached to or provided with any Software or Content. SMARTFIELDFORMS reserves the right to deny access to or use of the Site, or any portion of the Site, to anyone at any time.
2.  SMARTFIELDFORMS reserves the right to make changes to the Site and/or Its Mobile App, including, without limitation, introducing new features to the SMARTFIELDFORMS  Services, or modify or delete existing features, and to this Agreement, at any time and without notice. You should review the policies, terms and conditions of this Agreement upon each access or visit to the Site and before any use of the Site.
3. All data, text, suggestions, comments, feedback and other information that you submit to the Site shall become the sole and exclusive property of SMARTFIELDFORMS, and SMARTFIELDFORMS shall, at all times, retain full rights, title and interest in and to such submissions. To the extent that full ownership of any such submissions does not immediately vest in SMARTFIELDFORMS, you hereby consent to the automatic assignment of such submissions to SMARTFIELDFORMS, in full, upon creation.
4. You understand and agree that you will not in any way:
5. alter, distort, mask or obscure any portion of the Site;
6. mirror, frame or embed the Site or any page or other portion thereof;
7. publish or display a hypertext link to the Site without prior written permission from SMARTFIELDFORMS;
8. perform any data mining, scraping, harvesting, deep linking or other collection or monitoring of the Site, any individual pages on the Site, or any information, email addresses, code, graphics, tables, links, documents, attachments or other portions of the Site;
9. use the Site in any manner that would or is meant to demean, defame, diminish, tarnish, or otherwise be detrimental to the name, reputation or goodwill of SMARTFIELDFORMS, SMARTFIELDFORMS products and services, including without limitation SMARTFIELDFORMS, or any third party; or
10. use the Site in violation of, or for purposes that violate, any federal or state common laws or any international, federal, state or local laws, treaties, ordinances or regulations (including all intellectual property, spam, advertising, privacy and security laws, directives and regulations); or
11.  submit any inaccurate accurate or incomplete information as part of the registration process.
12. Software Available on the Site – Any software downloaded or otherwise acquired through the use of the Site (“Software”) is proprietary to SMARTFIELDFORMS, and is protected by applicable copyright, trade secret, patent and/or other laws. The downloading, access and/or use of any Software is subject to and governed by the terms and conditions of the end user license agreement, software license agreement, master agreement for products and services, or other agreement accompanying such Software or otherwise agreed to between you and SMARTFIELDFORMS. Any redistribution, reproduction or copying of Software not in accordance therewith, and/or permitting unauthorized users to access Software, is expressly prohibited, and may result in civil and criminal liability.  Furthermore, should you disclose your User Name and/or Passwords to any person(s), or permit any other person(s) to use the Software with Your User Name, Passwords, or other means to access your accounts, you are responsible for any use or misuse by such person(s).

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS PROVIDED “AS IS” AND SMARTFIELDFORMS HEREBY DISCLAIMS ALL WARRANTIES REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHERMORE, SMARTFIELDFORMS DOES NOT WARRANT THAT THE SOFTWARE WILL BE FREE FROM ANY ERRORS, BUGS, VIRUSES, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE DESIGNED TO DISRUPT, IMPAIR, DESTROY OR OTHERWISE DAMAGE YOUR COMPUTERS, NETWORKS OR OTHER ELECTRONIC SYSTEMS, OR THOSE OF ANY THIRD PARTY. SMARTFIELDFORMS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.

6. Content Available on the Site – All documents, graphics or other information available on the Site (including, but not limited to, any articles, all FAQs, knowledgebase, best practices or support-related information) – collectively, the “Content” – is protected by applicable copyright laws.

Use of the Content for any other purpose, or otherwise not in accordance with the Agreement, is expressly prohibited by law. Violators will be prosecuted to the maximum extent possible, and may result in civil and criminal liability.

7.  Mobile Application. The SMARTFIELDFORMS Mobile App allows you to interface with certain back office software solutions. The license granted to you for the Mobile App is limited to a limited, revocable, non-transferable license for you to use the object code of the Mobile App on one approved mobile device that you solely own or control and as permitted herein. To use the Mobile App, you need an approved, compatible mobile device. You agree that SMARTFIELDFORMS may from time to time issue new versions of the Mobile App, which will be automatically upgraded on your mobile device, and that these Terms will apply to any such upgrades.
8. All Content is provided “AS IS” and without warranty of any kind, express or implied. SMARTFIELDFORMS does not guarantee the information on the Site is the most accurate or up to date information available, and should it not be relied upon in any way. The Content on the Site is not an offer, warranty, or direct instruction by SMARTFIELDFORMS; and in no event does it expand, modify, or otherwise change the terms and conditions of any contract or other signed agreement you may have with SMARTFIELDFORMS.

FURTHERMORE, THE CONTENT ON THIS SITE COULD INCLUDE TYPOGRAPHICAL ERRORS, AS WELL AS TECHNICAL OR OTHER INACCURACIES AND/OR OMISSIONS. SMARTFIELDFORMS RESERVES THE RIGHT TO MAKE CHANGES AT ANY TIME TO THE PRODUCTS, SERVICES, PROGRAMS OR OTHER OFFERINGS, INCLUDING ANY DESCRIPTIONS THEREOF, IDENTIFIED ON THE SITE.

9. You acknowledge and agree that there are no guarantees or assurances of any nature whatsoever that any Software, Content or other information transmitted over the Internet will be secure from others or otherwise confidential, and you hereby waive any and all claims against SMARTFIELDFORMS in connection therewith.
10. You acknowledge that the Internet and any network connections used for accessing the Internet are known to be unpredictable in their performance and may impede access to the Site, including in the delivery of any Software or Content provided by the Site, and you hereby agree that SMARTFIELDFORMS is not in any way responsible for any interference, delays or other interruptions to your access or use of the Site, including the delivery of any Software or Content, and you hereby waive any and all claims against SMARTFIELDFORMS in connection therewith.
11.  SMARTFIELDFORMS EXCLUDES AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, OR SYSTEM INTEGRATION. SMARTFIELDFORMS DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR ACCESS AND USE OF THE SITE.
12. IN NO EVENT SHALL SMARTFIELDFORMS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING DAMAGES RESULTING FROM THE LOSS OF USE, SYSTEM, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE (INCLUDING ANY SOFTWARE, CONTENT OR INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE SITE), EVEN IF SMARTFIELDFORMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION).

NOTWITHSTANDING THE FOREGOING AND THE OTHER PROVISIONS OF THIS AGREEMENT, SHOULD SMARTFIELDFORMS BE FOUND LIABLE TO YOU FOR ANY CLAIM, ACTION, LOSS OR OTHER DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE, SMARTFIELDFORMS’ AGGREGATE LIABILITY FOR SUCH CLAIM, ACTION, LOSS OR DAMAGE SHALL NOT EXCEED THE AMOUNTS PAID TO SMARTFIELDFORMS BY YOU DURING THE THEN MOST RECENT ONE (1) YEAR PERIOD FOR ACCESSING OR USING THE SITE.

SINCE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES AND REMEDIES, CERTAIN WARRANTY DISCLAIMERS AND LIMITATIONS ON LIABILITY CONTAINED IN THIS AGREEMENT MAY NOT BE APPLICABLE TO YOU.

13. You hereby agree to indemnify, defend, and hold SMARTFIELDFORMS harmless from and against all claims, actions, losses, costs, damages or other liabilities arising out of or in connection with your access or use of the Site or your breach of this Agreement.
14. The waiver by SMARTFIELDFORMS of a breach, right, obligation, term or other provision of this Agreement shall not constitute a waiver of any future breaches, rights, obligations, terms or provisions of this Agreement.
15. If any provision of this Agreement is found to be invalid, unlawful or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from this Agreement or, if possible, interpreted to make such provision valid, lawful or otherwise enforceable while preserving the original intent of SMARTFIELDFORMS; and, in any event, the remainder of the Agreement shall continue in full force and effect.
16. The Site is operated from the State of Illinois in the United States of America. You hereby agree that any dispute or other action arising out of this Agreement will be governed by the laws of the State of Illinois and the United States of America, and you hereby consent to the sole and exclusive jurisdiction and venue of the state and federal of the State of Illinois, and waiver of trial by jury, for any action between the you and SMARTFIELDFORMS. SMARTFIELDFORMS makes no representations or warranties that the Site, or any portion or element of the Site, are appropriate or available for use in any other location. If your access or use of the Site, including any Software or Content provided by the Site, is from or within any other location, then you are solely responsible for compliance with all laws regarding the location and jurisdictions applicable to you.
17.  SMARTFIELDFORMS understands your privacy concerns and has developed certain policies and procedures regarding how SMARTFIELDFORMS collects, uses, shares and stores personal information. Any personal information collected through the Site may be accessed and stored globally and will be treated in accordance with the SMARTFIELDFORMS Privacy Policy; however, SMARTFIELDFORMS does not represent or guarantee that any personal information provided to SMARTFIELDFORMS through your access or use of the Site will not be viewed or otherwise obtained by any third party.

By accessing or using the Site, you hereby consent to the terms and practices contained in the SMARTFIELDFORMS Privacy Policy.

18. The Software and Content provided on the Site are the property of SMARTFIELDFORMS, and are protected by United States and international copyright, trademark or other intellectual property laws and treaties. Furthermore, this Site and all elements of this Site, including the Software and Content, are protected by various international, federal, state, provincial or local laws regarding trade name, trade dress, deceptive trade practice, unfair competition, counterfeiting or other laws designed to prevent the unauthorized use thereof.

The Site and all elements of the Site, including the Software and Content, may not be copied, reproduced or otherwise distributed, in whole or in part, without the prior written consent of SMARTFIELDFORMS; and any such use without the prior written consent of SMARTFIELDFORMS is strictly prohibited.

19. Restrictions. You may not rent, lease, lend, sell, redistribute or sublicense any part of the Software. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any part of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any Software) or delete the copyright and other proprietary rights notices on any part of the Software
20. You agree that SMARTFIELDFORMS, in Its sole discretion, may terminate your Password or User Name or use of the Software for any reason, including, without limitation, for lack of use, or if SMARTFIELDFORMS believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You acknowledge and agree that any termination of your Password or User Name or use of the Software may be effected without prior notice and that SMARTFIELDFORMS may immediately deactivate or delete your account and all related information and files and/or bar any further access to such information and files. You agree that SMARTFIELDFORMS shall not be liable to you or any third party for any termination of your access as provided herein.
21. Certain names, logos, designs, titles, words, or phrases contained on the Site, including without limitation SMARTFIELDFORMS, may constitute a trademark, service mark or trade name of SMARTFIELDFORMS. The use of any SMARTFIELDFORMS trademark, service mark or trade name without the prior express written consent of SMARTFIELDFORMS is strictly prohibited.

All rights not expressly stated herein are hereby reserved by SMARTFIELDFORMS.