Terms of Use

Terms and Conditions of Use

Effective Date January 1, 2016.

StaffSmart Software Solutions LLC dba StaffSmart ("StaffSmart") operates this web site ("admin.staffsmart.co" or the “Web Site”) and is hereinafter referred to as "we", "us" or "our".

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TOU”) CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TOU. IF YOU DO NOT ACCEPT THESE TOU, DO NOT USE THIS WEB SITE.

Use of this Web Site 
The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, StaffSmart and are protected by copyright, trademark and other laws and may not be used except as permitted in these TOU or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Use Restrictions 
You may not engage in any activities through the Web Site that are unlawful, offensive, obscene, libelous, abusive, which violate the rights of third parties, or which inhibit other users from using and operating this Web Site. You may not monitor or copy content on the Web Site (“Content”), by using any robot, “bot,” spider, crawler or other automatic device or manual process, without our written permission, or engage in any activity which interferes with the proper working of the Web Site. You agree to indemnify, defend and hold harmless StaffSmart and any company it controls, is controlled by or under common control with (“StaffSmart Parties”), and their officers and employees from any claim, loss, damages, liabilities and expenses (including reasonable attorneys' fees) arising from any resulting from, or arising out of, your use of the Web Site.

Trademarks 
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of the StaffSmart Parties. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.

Subscription Software License 
StaffSmart hereby grants you a non-exclusive, non-transferable, worldwide right to use admin.staffsmart.co on a subscription basis (“StaffSmart Service”) solely for your own internal business purposes, subject to these TOU, and not for use by or re-sale to third parties. All rights not expressly granted to you are reserved by StaffSmart.

You may not access the StaffSmart Service if you are a direct competitor of StaffSmart, except with our prior written consent. In addition, you may not access the StaffSmart Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking for competitive purposes.

You may not access the StaffSmart Service without our prior written consent if you are a competitor of StaffSmart. In addition, you may not access the StaffSmart Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking for competitive purposes.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the StaffSmart Service or the Content in any manner other than expressly authorized herein; (ii) modify or make derivative works based upon the StaffSmart Service or the Content; (iii) create Internet "links" to the StaffSmart Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the StaffSmart Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the StaffSmart Service, or (c) copy any ideas, features, functions or graphics of the StaffSmart Service. User licenses cannot be shared or used by more than one individual user but may be reassigned from time to time to new users who are replacing former users who have terminated employment or otherwise changed job status or function and no longer use the StaffSmart Service.

You may use the StaffSmart Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the StaffSmart Service or the data contained therein; or (v) attempt to gain unauthorized access to the StaffSmart Service or its related systems or networks.

Subscription Based Account Information and Data 
StaffSmart does not own any data, information or material that you submit to the StaffSmart Service (“Customer Data”) in the course of using the StaffSmart Service in whatever form including client and event data. You, not StaffSmart, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and we shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. StaffSmart reserves the right, but undertakes no responsibility to withhold, remove and/or discard Customer Data without notice for any breach of these TOU, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and we shall have no obligation to maintain or forward any Customer Data.

Permitted Uses of Customer Data 
We acknowledge that you are the owner of the Customer Data and that the Customer Data may be protected by copyright, trade secret and other, intellectual property laws and legal precedent. No title to or ownership of the Customer Data is transferred to us by operation of these TOU except for the limited license granted in these TOU, you reserve all rights in and to the Customer Data.

License of Customer Data 
You hereby grant to the StaffSmart Parties, solely for the Permitted Purposes listed below, a perpetual, irrevocable, royalty-free, world-wide, non-exclusive right and license to access, use, extract, aggregate, reproduce, modify, adapt, publish, create derivative works from, sublicense, distribute, perform, display and incorporate in other works in any form, media, or technology now known or later developed Customer Data. The "Permitted Purposes" are:

  • maintenance, operation, and enhancement of the StaffSmart Service or any other product or service provided by the StaffSmart Parties, including Customer Data and databases in which Customer Data resides, and all other uses necessary for us to properly discharge our obligations pursuant to these TOU.
  • supporting your access to and use of the StaffSmart Service or any other product or service purchased by or provided to you from the StaffSmart Parties.
  • transmission or display of purchasing information, or transmission, display or publication of floor plans, units and all other purchasing content to property management systems, accounting platforms or other reporting services specified by you.
  • internal statistical analysis regarding Customer Data.
  • distribution or publication, solely in an Aggregated Form, of Customer Data in summary and benchmark reports.

"Aggregated Form" means that Customer Data shall be combined with data from a minimum of four (4) additional communities.

Intellectual Property Ownership 
The StaffSmart Parties shall own all right, title and interest, including all related intellectual property rights, in and to our technology, the Content and the StaffSmart Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the StaffSmart Service. These TOU are not a sale and do not convey to you any rights of ownership in or related to the StaffSmart Service, our technology, Content, or the intellectual property rights owned by the StaffSmart Parties. The StaffSmart name, the StaffSmart logo, and the product names associated with the subscription and/or StaffSmart Service are trademarks of the StaffSmart Parties or third parties, and no right or license is granted to use them.

Linking to this Web Site 
Creating or maintaining any link from another web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

User Information 
Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. The StaffSmart Parties may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right, but undertake no responsibility, to remove any or all User Communications that includes any material we, in our sole discretion, deem inappropriate or unacceptable.

Third Party Links 
From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by the StaffSmart Parties. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. The StaffSmart Parties are not responsible for any content, materials or other information located on or accessible from any other web site. The StaffSmart Parties do not endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from this Web Site, you do so entirely at your own risk.

Inappropriate Material 
You are prohibited from posting or transmitting using the StaffSmart Service any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that the StaffSmart Parties may have at law or in equity, if the StaffSmart Parties reasonably determine that you have violated or are likely to violate the foregoing prohibitions, the StaffSmart Parties reserve the right, but are not obligated, to take any action the StaffSmart Parties reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. The StaffSmart Parties will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

DISCLAIMERS 
YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE STAFFSMART PARTIES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND THE STAFFSMART PARTIES DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATIONS OF LIABILITY 
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site, except in the event of our gross negligence.

IN NO EVENT WILL THE STAFFSMART PARTIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

Force Majeure 
We will not be liable to you for any damages or injury, direct or indirect, caused by any delay or failure in its performance of any of the acts and obligations required by these TOU if and to the extent that such delay or failure arises for reasons beyond the reasonable control of us, including, without limitation, Third Party System Failures. For the purposes of these TOU, “Third Party System Failures” means, as it relates to third party software, hardware or systems, computer downtime; utility or telecommunication interruption; failure, fluctuation or delay; computer virus; electrical surge; or line-noise interference.

Revisions to these Terms and Conditions 
We may revise these TOU at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current TOU because they are binding on you. Certain provisions of these TOU may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.

Choice of Law; Jurisdiction 
These TOU supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These TOU will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws. A printed version of these TOU shall be admissible in judicial and administrative proceedings based upon or relating to these TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Termination 
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice. We require that you notify us in writing of your intent to terminate your account 30 days prior to your next invoice date in order to avoid additional charges. Failure to provide 30 day notification may result in an automatic renewal of your subscription for an additional period as agreed to in any purchase order signed by you.

You will use commercially reasonable efforts to remove all StaffSmart Services installed on your systems upon termination of your subscription.

Payments for Subscriptions 
StaffSmart charges and collects for use of the StaffSmart Service. You have the option to purchase one of the labor hour packages offered or you can select to be automatically billed via your credit card or issue an invoice to you each month on the first of the month or as otherwise mutually agreed upon. The renewal charge will be equal to the then-current number of total labor hours times the license fee in effect during the prior term, unless we have given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. Our fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on StaffSmart’s income.

You agree to provide us with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your access to the StaffSmart Service in addition to any other legal remedies.

Internet Delays 
The StaffSmart Parties shall not be responsible for failure of the StaffSmart Services arising from delays and other problems inherent in the use of the Internet and electronic communications.

General 
Any notices provided for in these TOU shall be in writing sent by registered or certified mail, postage prepaid, return receipt requested, to the addresses set forth above, or to such other address as may be specified from time to time by notice in writing.

You may not assign any part of these TOU without the written permission of StaffSmart.

If any provision of these TOU is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remainder of these TOU shall not be affected thereby and shall remain in full force and effect.

The parties hereto represent that the execution and performance of the terms and conditions of these TOU have been duly authorized by their respective governing authorities and that these TOU is a valid and legally binding obligation enforceable in accordance with its terms.

Additional Assistance 
If you do not understand any of the foregoing TOU or if you have any questions or comments, we invite you to contact our Customer Service Department at
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