Terms and Conditions

Last Modified: July 26, 2018

Acceptance of the Terms of Use

These terms of use are a binding agreement between you and Solution Works, LLC, d/b/a Smart Solutions (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of (1) www.mysmartsolutions.com, including any content, videos, materials, functionality and services offered on or through www.mysmartsolutions.com(the “Website”), whether as a guest or a registered user; and (2) the Smart Care Residential or Smart Care Healthcare applications on the Windows, iOS, or Android mobile operating systems, (including all related documentation, the “Application”). Pursuant to these Terms of Use, the Application is licensed, not sold, to you in accordance with these Terms of Use.

Please read these Terms of Use carefully before you start to use the Website or the Application. By (1) accessing or using the Website or by clicking to accept or agree to these Terms of Use when this option is made available to you or (2) downloading, installing, using the Application or agreeing to these Terms of Use when this option is presented to you, (A) acknowledge that you have read and understand these Terms of Use; (B) represent that you are of legal age to enter into a binding agreement; (C) accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.mysmartsolutions.com/privacypolicy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or download, install or use the Application.

License Grant and License Restrictions

Subject to these Terms of Use, Company grants you a limited, non-exclusive, nontransferable and revocable license to: (1) download, install and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device” strictly in accordance with the Application’s documentationYou shall not: (1) copy the Application, except as expressly permitted by these Terms of Use; (2) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application; (3) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof; (4) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; (5) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or (6) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, safety or security features in or protecting the Application.

You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms of Use, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms of Use. Company, its licensors and/or service providers reserve and shall retain their respective rights, title, and interests in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Use.

Related Products and Services

The Application and the Website may work in connection with related products or services made available by Company [or third parties], and certain products or services, including certain features, functionality and/or content for related products or services may be accessible on or through the Application or the Website (collectively, “Related Products or Services”). Your access to and use of such Related Products or Services are governed by these Terms of Use, our Privacy Policy, any terms or conditions incorporated herein or therein by reference, and any terms or conditions provided or made available to you in connection with your purchase of Related Products or Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or the Application thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website or the Application.

Your continued use of the Website or the Application following the posting of revised Terms of Use means that you accept and agree to such changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website, the Application and Account Security

We reserve the right to withdraw or amend the Website, the Application, and any content, service or material we provide on the Website or the Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the Application, or the entire Website or the Application, to certain users, including registered users or users that have subscribed to specific content, features or functionality or purchased specific products or services.

You are responsible for:

Making all arrangements necessary for you to have access to the Website and the Application.
Ensuring that all persons who access the Website and the Application through your internet connection or Mobile Device are aware of these Terms of Use and comply with them.

To access or use the Website or to download, install or use the Application or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and the Application that all the information you provide on the Website or the Application is correct, current and complete. You agree that all information you provide to register with the Website, the Application or otherwise is governed by our Privacy Policy www.mysmartsolutions.com/privacypolicy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, the Application or portions of either using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website, the Application and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and the Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website or Application, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser or the application for display enhancement and application performance purposes.
You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from the Website or the Application.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or the Application.

You must not access or use for any commercial purposes any part of the Website or the Application or any services or materials available through the same.

If you wish to make any use of material on the Website or the Application other than that set out in this section, please address your request to: info@mysmartsolutions.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or the Application in breach of the Terms of Use, your right to use the Website and/or the Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website, the Application or any content or materials available therein is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Website or the Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the terms “Smart Solutions”, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on the Website or the Application are the trademarks of their respective owners.

Prohibited Uses

You may use the Website and the Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the Application:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, the Application, or which, as determined by us, may harm Company or users of the Website or the Application or expose them to liability.

Additionally, you agree not to:

Use the Website or the Application in any manner that could disable, overburden, damage, or impair the Website or the Application or interfere with any other party’s use of the Website or the Application, including their ability to engage in real time activities through the Website or the Application.
Use any robot, spider or other automatic device, process or means to access the Website or the Application for any purpose, including monitoring or copying any of the materials or content on the Website or the Application.
Use any manual process to monitor, copy or record any of the materials or content on the Website or the Application or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website or the Application.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or the Application, the server on which the Website or the Application is stored, or any server, computer or database connected to the Website or the Application.
Attack the Website or the Application via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website or the Application.

Copyright Infringement

If you believe that any materials or content violate your copyright, please send us an email at info@mysmartsolutions.com for instructions on sending us a notice of copyright infringement.

Reliance on Information Posted

The information presented on or through the Website and the Application is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or the Application, or by anyone who may be informed of any of its contents.

The Website or the Application may include content provided by third parties, including materials provided by other third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or content provided by any third parties.

Changes to the Website and the Application

We may update the content on the Website or the Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material or content on the Website or the Application may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on the Website or the Application is subject to our Privacy Policy www.mysmartsolutions.com/privacypolicy. By using the Website or the Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Additional Terms and Conditions

[Purchases may require a credit or debit card acceptable to Company. For all purchases or paid services, we will bill your credit card or payment method automatically when you make such purchase or on a recurring basis until you cancel reoccurring services requiring payment. By submitting your credit or debit card information to Company you represent and warrant that you are authorized to use the same, including to meet your obligations under these Terms of Use, and you agree to pay all charges for the products or services you select and purchase and any applicable federal, state or local taxes. We may change the fees and charges in effect, or add new fees and charges from time to time.]

Additional terms and conditions may also apply to specific portions, services, content or features of the Website or the Application. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website or the Application may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Website or the Application.
Send e-mails or other communications with certain content, or links to certain content, on the Website or the Application.
Cause limited portions of content on the Website or the Application to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials or content on the Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website or the Application

If the Website or the Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website or the Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website and the Application is based in the state of Alabama in the United States. We make no claims that the Website, the Application or any of their content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website or the Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Website or the Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website, the Application for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE APPLICATION, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, THE APPLICATION OR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE APPLICATION, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, THE APPLICATION OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Can we add some language here to say that this is not a life safety device? Smart Care healthcare app will have an auxillary n urse call bell and hospital bed integration. i want to beef up to say that we are not responsible for misuse of the system. also, that it is the healthcare facilities responsibility to provide all primary nurse call bell functions and smart care healthcare is not to be used without a primary nurse call bell means in place. We also want to state that our bed controller will mimic a bed control pendant. It is the healthcare facilities responsibility to manage the “limits” or safeguards the bed provides and it is not an intended function for the smart care healthcare app and system to manage limits or prevent the patient from unintended outcomes.
We also want to say that smart solutions is not liable for an interference the wireless signals may cause. (this is important for the healthcare facility). I want to make sure that we go on record by stating it is the facilities responsibility to evaluate any site impacts may have in terms of IT Department, Biomed (reviews to make sure we don’t violate their sites biomed requirements).
It should also be the facilities responsibility to clean the devices after each use

Limitation on Liability

IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, EQUITY HOLDERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE APPLICATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, THE APPLICATION OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE APPLICATION OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or the Application, including, but not limited to, any use of the Website’s or the Application’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website or the Application.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Website or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the City of Birmingham although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Disputes; Mandatory Arbitration and Class Action Waiver

Any disputes or claims relating in any way to your use of the Website or the Application, or to products or services sold or distributed by Company or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:

• you may assert claims in small claims court if your claims apply; and

• in the event that the arbitration agreement in these Terms of Use is for any reason held to be unenforceable, any litigation against Company (except for small-claims court actions) may be commenced only in a federal or state court located within Birmingham, Alabama, and we both consent to the jurisdiction of those courts for such purposes. YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.

The arbitration agreement in these Terms of Use is governed by the Federal Arbitration Act (the “FAA”), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms of Use. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this arbitration agreement, including, but not limited to any claim that all or any part of this arbitration agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same compensatory damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: 1500 First Avenue North, Birmingham, AL 35203. You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800)-352-5267. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. In no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration section (except for your consent to venue in Birmingham, Alabama) will be null and void and neither of us will be entitled to arbitrate our dispute.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy and any other terms and conditions expressly incorporated herein constitute the sole and entire agreement between you and Company with respect to the Website and the Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Application.

Your Comments and Concerns

The Website and the Application is operated by Company at 1500 First Avenue North Birmingham, AL 35203.

All other feedback, comments, requests for technical support and other communications relating to the Website or the Application should be directed to: info@smarthomesolutions.com.