These Terms of Service
. We encourage you to read it to better understand how we use the data you provide us.
SmartAvery scheduling service is provided to you by SmartAvery.com
If you are under 18 years of age, you must have your parent or legal guardian's permission to use SmartAvery. Please have your parent or legal guardian read these terms with you.
If you are a parent or legal guardian, and you allow your child to use SmartAvery, then these terms apply to you and you are responsible for your child's activity on the service.
These terms help define the relationship between you and SmartAvery. We give you permission to use our service if and only if you agree to follow these terms. When we speak of “we,” “us,” and “our,” we mean SmartAvery.
We provide a tournament scheduling service that is subject to these terms.
We are always working to improve our service. As part of improvement, we may sometimes add or remove features and functionalities.
What we expect from you
The permission we give you to use our service continues as long as you comply with these terms. These terms are subject to change.
applies to your use of our service.
Although we give you permission to use our service, we retain any intellectual property rights we have in the service.
We expect you to continue to follow basic rules of conduct such as:
Comply with all applicable laws related to your activities
Respect the right of others, including privacy and intellectual property rights
Do not harm or interfere with or disrupt the service, which could deteriorate the quality of other people's experience. For example by using an automated tool to request frivolous tournament schedules
SmartAvery lets you upload data that is required for us to offer you the service. You have no obligation to provide any data or more data than the minimum required for the service offering to function. Please make sure you only upload data related to events where you have a valid reason to have access to the data. For example, you did not obtain the data through unauthorized access to someone else's account or system.
Any data or content you upload remains yours. Through these terms you provide SmartAvery with the permission to use the data. We have the right to store your data on various servers we may own or rent, share with our service providers or business partners. We intend to share and use your data primarily to facilitate the provision of services to you. If we substantially change our use of your data, we will update these terms and give you sufficient notice which would allow you to do decide whether you want to continue to receive services from SmartAvery.
To provide you with our services, we need a functioning email. We may use your email address to send you infrequent updates on our service offering as well. We welcome your feedback on how we can improve our service offering. If you choose to share your feedback, we may act on your feedback without creating any obligation to you.
We offer our service without warranties.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE OUR SERVICE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DON'T MAKE ANY WARRANTIES ABOUT THE CONTENT OR FEATURES OF THE SERVICE, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
To the extent allowed by applicable law:
SmartAvery is liable only for its breaches of these terms.
SmartAvery is not liable for:
loss of profits, revenues, business opportunities, goodwill, or anticipated savings
indirect or consequential losses
SmartAvery's total liability arising out of or relating to these terms is limited to the fees paid to use our service in the 12 months before the dispute.
If you are a business user or organization:
To the extent allowed by applicable law, you will indemnify SmartAvery and its board, officers, employees, and contractors for any third-party legal proceedings arising out of or relating to your unlawful use of the service or violation of these terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
If you are legally exempt from certain responsibilities, including indemnification (for example as certain sovereign entities), then those responsibilities don't apply to you under these terms
Removing your access.
If your account or system is involved in any breaches of these terms, violation of applicable law, or harm to our users, third parties, or SmartAvery, then we reserve the right to disable your account(s) and block any attempts to open new accounts.
We may further suspend or terminate your access to SmartAvery if we are required to do so to comply with a legal, regulatory or judicial requirement.
Of course, you are always free to stop using our service at any time.
New Jersey law will govern all disputes related to or arising out of these terms. In case of any disputes between you and SmartAvery, you consent to the jurisdiction of federal and state courts of Middlesex county, New Jersey, USA.
About these terms
By law, you have certain rights that can't be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights.
These terms describe the relationship between you and SmartAvery. They don't create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.
If any particular term in this contract is not valid or enforceable, that will not affect any other terms.
If you don't follow these terms, and we don't take action right away, that doesn't mean we're giving up any rights that we may have, such as taking action in the future.
We may update these terms (1) to reflect changes in our service or how we do business — for example, when we add new features, technologies, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change these terms, we'll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don't agree to the new terms, you should stop using the service. You can also end your relationship with us at any time by closing your SmartAvery account.