Smartphonestab User Terms of Service
Terms Last Modified: September 15, 2016
PLEASE READ THESE USER TERMS OF SERVICE CAREFULLY.
This terms of service is a contract between you (the, User, Subscriber) and us (Smartphonestab
). This is to explain the services we will render to you, covering relationship with you, in working together. This is a legal document hence there are important legal terms which we have tried to simplify, and we need your agreement to be able to offer this services. By using this site, or, and its services, you are agreeing to these terms.
We update our terms of service periodically, and will be notify accordingly through our email service or other means, if you have subscribed to our newsletter or blog posts.
1.1 “Confidential Information” refers to all information that you provide to us or those information we provide as the “Discloser” to the other (“Receiver”), this information can be oral or in writing, this is designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the discloser.
1.2 “Contact” means a single Subscriber, prospect, lead, or other individual (other than a User) whose Contact Information we store in the Subscription Service.
1.3 “Contact Information” means the name, email address, phone number, online user name(s), telephone number, and similar information that visitors submit to our landing pages on the Subscription Service.
1.4 “Consulting Services”
This means the professional services that we provide to you, which may include training services, installation, integration or other consulting services.
1.5 “User Data” means all information that you submit or collect via the Subscription Service. Enrichment Data is not included in User Data.
1.6 “Enrichment Data” means the data we make available to you as part of the Subscription Service, including data you may give to us. Enrichment Data also includes information about Users, such as social media handles, avatars, and alternate email address, that we obtain from public or third-party sources.
1.7 “Smartphonestab Content” refers to those information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service or Consulting Services, including Enrichment Data.
1.8 “Smartphonestab”, “we”, “us” or “our” refers to the applicable contracting entity as specified in the ‘Contracting Entity and Applicable Law’ section of the ‘General Terms’
1.9 “You”, “your” or “subscriber” means the person or entity using the Subscription Service, online subscription process.
2.0 The Subscription Service
a. Access. During the Subscription Term, we will provide you access to use the Subscription Service as described in this Agreement.
b. Limits. The limits that apply to you will be specified in your Order Form, if any, this Agreement.
3.0 User or Subscriber Support
3.1 Support. We do not collect Subscription Fee. Phone support is available 8AM to 8PM Eastern Time (GMT-5), Monday through Friday, excluding US national holidays. We accept web form support questions 24 Hours per Day x 7 Days per Week, Submit your question through smartphonestab.com/contact-us. Web form responses are provided during phone support hours only. We try our best to respond to web form support questions within one business day. There is no specific response guarantee.
4.0 Fees and Payments
4.1. Subscription Fees.
For now, we do not have any form of Subscription Fees in this Website, if there are such Fees in future, we will inform you and update this agreement, notification will be sent to all users of this Website that we have their contacts.
4.2. Payment using Credit card.
We are not selling any form of product on this site for now, therefore we will not ask you for any form of payment by Credit Card, if we have any kind of service or product that demand purchase in future, we will communicate to all users of this Website.
4.3 Payment Information.
All our services on this Website are free for now, you do not have any payment obligation, and we are not into any form of e-commerce business, hence we will not ask you for any form of payment information, billing information and credit card information. If in future we decide to charge for certain form of services rendered, we will notify all users through email subscription service and update of this terms of service.
5.0 Subscription service
5.1 Initial Subscription Term.
Our subscription service on this Website is free. The subscription service is for the purpose of building our email subscription lists, and incurred no charges. We use this service to request for contact information, like your name, email address, may ask or not ask for your website.
This is an Agreement for access to and use of the Subscription Service by us. The email lists collected through these Subscription Services are protected by intellectual property laws, they belong to and are our property or that of our licensors (if any), and we retain all ownership rights to them.
You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Smartphonestab Content, the Subscription Service in whole or in part, by any means, except as expressly authorized in writing by Smartphonestab. Our trademarks include, but aren’t limited to, those listed at . We may update this trade mark at any time without any prior notice to you and you may not use any of these without our prior written permission.
The Receiver will:
(i) protect the confidentiality of the Information using the same degree of care that it uses with its own confidential information of similar nature, but with no less than reasonable care,
(ii) not use any Confidential Information for any purpose outside the scope of this Agreement,
(iii) not disclose Confidential Information to any third-party (except our third-party service providers), and
(iv) limit access to Confidential Information to its employees, contractors, advisors and agents. Upon notice to the Discloser, the Receiver may disclose Confidential Information if required to do so under any federal, state, or local law, statute, rule or regulation, or legal process.
You grant us the right to add your name and company logo to our Subscriber list and website.
8.0 Subscriber Data
8.1 Limits on Smartphonestab.
You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an “Action”) brought against us (and our officers, directors, employees, agents, service providers, licensor, and affiliates) by a third-party not affiliated with us to the extent that such Action is based upon or arises out of
(a) unauthorized or illegal use of the Subscription Service by you;
(b) your noncompliance with or breach of this Agreement,
(c) your use of Third-Party Products, or
(d) the unauthorized use of the Subscription Service by any other person using your User information.
We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that
(i) imposes an obligation on us;
(ii) requires us to make an admission; or
(iii) imposes liability not covered by these indemnification or places restrictions on us without our earlier written consent.
10.0 Disclaimers; Limitations of Liability
10.1 Disclaimer of Warranties.
WE AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SUBSCRIPTION SERVICE. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE, SMARTPHONESTAB CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SUBSCRIPTION SERVICE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10.2 No Indirect Damages.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
10.3 Third Party Products.
WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSOR SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE TO YOU.
11.0 Termination, Suspension and Expiration
a. Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Subscription Services:
(i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or
(ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation or assignment for the benefit of creditors. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
No Waiver. We may update and change any part or all of these User Terms of Service, Subscription Service. If we update or change these User Terms of Service, the updated User Terms of Service will be posted at http://smartphonestab.com/terms-of-service and we will let you know through the email subscription service
If you do not agree with a modification to the Customer Terms of Service, you must notify us in writing within thirty (30) days after receiving notice of modification. If you give us this notice, your subscription will continue to be governed by the terms and conditions of the User Terms of Service prior to modification for the remainder of your current term. Upon renewal, the User Terms of Service published by us on our website will apply.
If your are located in North America or South America, then you are contracting with Smartphonestab. and this Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A. without reference to conflicts of law principles. For contracts with Smartphonestab, both parties consent to the exclusive jurisdiction and venue of the courts in Boston, Massachusetts, U.S.A. for all disputes arising out of or relating to the use of the Subscription Service or the Consulting Services.
If you are located in a geographic region that does not fall into one of the designations described above, or if so specified in the ‘Subscription Terms’ section, then you are contracting with Smartphonestab.
c. Force Majeure.
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
d. Actions Permitted.
Except for actions for breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
e. Relationship of the Parties.
You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
f. Compliance with Laws.
We will comply with all Nigeria and federal laws in our provision of the Subscription Service, the Consulting Services and our processing of User Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
You will comply with all laws in your use of the Subscription Service and Consulting Services, including any applicable export laws. You must comply with all laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording.
You will not directly or indirectly export, re-export, or transfer the Subscription Service or any other service we render to prohibited countries. This also include individuals or permit use of the Subscription Service by prohibited countries or individuals.
If any part of this Agreement or an Order Form is determined to be invalid or unenforceable by applicable law, 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 this Agreement will continue in effect.
Notice will be sent to the contact address set forth herein, and will be deemed delivered as of the date of actual receipt.
To; Smartphonestab, 8 Udo Obot close, Itiam Etoi, Uyo, Akwa Ibom State, Nigeria,
To you: your contact as provided in our Subscription account information for you. We may give electronic notices by general notice via the Subscription Service and may give electronic notices specific to you by email. This will be sent to your e-mail address(es) on record in our account information for you or through the notifications center of the Subscription Service. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. You must keep all of your information current.
i. Entire Agreement.
We object to and reject any additional or different terms proposed by you. This include those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of the “Subscription Service.” This also include dependent on any oral or written public comments made by us regarding future functionality or features of the Subscription Service.
We might make versions of this Agreement available in languages other than English. If we do, the English version of this agreement will govern our relationship. The translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.
You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.
k. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third-party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
l. Contract for Services.
This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, shall not apply to this Agreement.
If you are located outside of the territory of Nigeria, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not govern this Agreement or the rights and obligations of the parties under this Agreement.
Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.
The following sections in the ‘General Terms’ shall survive the expiration or termination of this Agreement: ‘Definitions’, ‘Smartphonestab Proprietary Rights’, ‘Subscriber’s Proprietary Rights’, ‘Confidentiality’, ‘Publicity’, ‘Indemnification’, ‘Disclaimers; Limitations of Liability’, ‘Termination, Suspension and Expiration’, and ‘General’.