Thanks for using SmartND! These terms of service (the “Terms”) govern your access to and use of SmartND (“we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services.
By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with SmartND and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Info & Your Privacy
By using our Services you are entering confidential information (“your info”). You retain full ownership to your info. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your info or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your info, for example, hosting your data. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example a web hosting company which provides our storage space (again, only to provide the Services).
You are solely responsible for your conduct, the content of your data, and your communications with others while using The Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Files and other content in the Services may be protected by intellectual property right of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not SmartND, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not SmartND, are responsible for maintaining and protecting all of your info. SmartND will not be liable for any loss or corruption of your info, or for any costs or expenses associated with backing up or restoring any of your info.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 19 years of age. By agreeing to these Terms, you are representing to us that you are over 19.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify SmartND of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to SmartND, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Software and Updates
SmartND hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Services is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. Our Services will update the software automatically when a new version is available.
SmartND Property and Feedback
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us without company obligation to you. The Software and other technology we use to provide the Services are protected by copyright, and other laws of both Canada and foreign countries. These Terms do not grant you any rights to use the SmartND logo, domain names, or other brand features.
Acceptable Use Policy
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the SmartND Acceptable Use Policy.
The Services may contain links to third-party websites or resources. SmartND does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
Fees and Payment for Purchased Services
Fees. You shall pay all fees for Purchased Services as specified in the billing section of the SmartND website, or Order Form, if applicable. We will charge You at a monthly or annual frequency, (as may be selected by You) or as otherwise specified in an invoice or Order Form, if applicable. Except as otherwise provided herein payment obligations are non-cancelable and fees paid are non-refundable.
Invoicing and Payment. You will provide Us with valid and updated credit card information. If You provide credit card information to Us, You authorize Us to charge such credit card for all Purchased SmartND Services. Subscriptions are charged in advance. If You have pre-paid in advance, charges for Purchased Services will be subtracted from the pre-paid balance first, and any remaining amounts will be charged to Your credit card. You are responsible for providing complete and accurate billing and contact information to Us and notifying Us of any changes to such information.
Overdue Charges. If any charges are not received from You by the due date, then at Our discretion, (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or (b) We may condition future subscription renewals on payment terms shorter than those specified in the Invoicing and Payment section.
Suspension of SmartND Service and Acceleration. If any amount owing by You under this or any other agreement for Our services is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full. We will give You at least 7 days’ prior notice that Your account is overdue, in accordance with the Manner of Giving Notice section, before suspending services to You. If your account is suspended, You will immediately lose access to any promotional pricing previously applied to your account, and your subscription fees will be updated to reflect the current fee structure.
Payment Disputes. We shall not exercise Our rights under the Overdue Charges section or the Suspension of SmartND Service and Acceleration section if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try and let you know in advance and help you retrieve data, though there may be some cases where we may suspend immediately.
Upon any termination for cause by You, We shall refund You any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by Us, You shall pay any unpaid fees covering the remainder of Your subscription term after the effective date of termination. In no event shall any termination relieve You of the obligation to pay any fees payable to Us for the period prior to the effective date of termination.
SmartND is Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SmartND, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SmartND HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $50 OR THE AMOUNTS PAID BY YOU TO SmartND FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY ONTARIO LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR PROVINCIAL COURTS OF ONTARIO, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and SmartND with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. SmartND’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but SmartND may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. SmartND and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Questions or Concerns
If you have any questions or concerns regarding these terms and conditions, please send us a detailed message at email@example.com. We will make every effort to resolve your concerns.
164 Second Avenue
Information Related to Data Collected from You
Information we collect and how it is used
On certain pages, we give users the option of providing us with contact information or account registration information, including name, phone, and e-mail address, as a requirement If you choose to purchase a service from us we will collect information from you such as credit card number and billing name and address. Providing this information is voluntary which we use internally. All information collected while within the SmartND Digital Properties shall hereby be referred to as (“Collected Information”).
Information you provide may be used by SmartND for marketing purposes, including but not limited to, one-off promotional e-mailing, direct mail, and sales contacts. We will honor all requests for list removal sent to firstname.lastname@example.org.
We use other third parties such as credit card processing companies to bill you for services, a support provider to help us collect feedback and manage our support and an email service provider to send out emails on our behalf. When you sign up for our services, we will share your Collected Information only as necessary for the third party to provide that service.
Access to Personal Information
If your Collected Information changes, or if you no longer desire our service, you may correct, update, and delete/deactivate it by logging into your account and making the appropriate changes or by emailing our customer support at email@example.com.
SmartND employs, or our third party advertising partners employ, various tracking technologies, such as cookies, web beacons and analytics software, that help us better manage content on our Digital Properties by informing us what content is effective.
When you visit our Digital Properties we send one or more “cookies” to your computer or other devices. Cookies are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience. Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third party websites. Some features on this site will not function if you do not allow cookies. We may link the information we store in cookies to any Collected Information you submit while on our site.
We use both session ID cookies and persistent cookies. A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies enable us to track and target the interest of our users to enhance the experience on our site. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.
Functional cookies, persistent and session type, store information to enable core site functionality, such as Live Chat and Client ID remembrance.
Analytics cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our site and our marketing campaigns.
Advertising cookies may be set through our website by our advertising partners. Data may be collected by these companies that enable them to serve up advertisements on other sites that are relevant to your interests.
If you reject cookies, you may still use our site, but some features on the site will not function properly.
SmartND uses Web Beacons alone or in conjunction with cookies to compile information about our Digital Properties. Web Beacons are tiny graphic object that are embedded in a web page or email and is usually invisible to the user but allows checking that a user has viewed the page or email. Web Beacons may be used within the Digital Properties to track email open rates, web page visits or form submissions. In some cases, we tie the information gathered by Web Beacons to our customers’ Collected Information. For example, we use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
We and our third party tracking-utility partners use log files on our Digital Properties to gather certain information automatically and store it for analytical purposes. This information includes internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information to track and aggregate non-personal information to analyze trends, administer the site, track users’ movements around our Digital Properties and to gather demographic information about our user base as a in the aggregate.
Social Media Features and Widgets
Facebook Connect and Twitter
You may be able to log in to our some of our services using sign-in services such as Facebook Connect or an Open ID provider such as Twitter. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form.
Testimonials, Ratings and Reviews
We post customer testimonials on our Digital Properties which may contain Collected Information. We obtain the customer’s consent via email prior to posting the testimonial and attaching the users name along with their testimonial. If you want your testimonial removed, please contact us at firstname.lastname@example.org
We may also partner with a third party service provider to collect and display ratings and review content on our web site. If the content collected by the third party for display includes personally identifiable information, it will be rejected and will not be posted unless explicit consent is provided by the customer.
Statistical Data Analysis
SmartND respects and protects your privacy at all times. SmartND queries your non-personal data stored in our database to generate statistical reports on the usage patterns of the Service. At no point is any personally identifiable information associated with any SmartND reports or statistics. SmartND uses these reports to research trends in the Naturopathic Medicine Industry. This non-personal information can be made accessible to government or educational institutions to help better understand trends in Naturopathic Medicine. SmartND may also, from time to time, generate statistical reports on the usage of our partner’s products within the Service. For example, SmartND may generate a report identifying the number of times a particular supplement has been selected from a list by our subscribers, or the number of times a particular diagnosis is selected from a list. These reports may be used to better help our 3rd party partners identify potential markets for their products. At no time (never) is any personally identifiable information included in these reports. These reports may also be used by SmartND to serve more personalized content to our subscribers. If you have any questions about how your non-personal data is being used by SmartND, please contact us at email@example.com.
Information Related to Data Collected for our Subscribers
The following terms shall have the definitions contained below.
Subscriber shall mean the business or entity that purchased a subscription the SmartND Software as a Service via entering into the SmartND Software Service Agreement (“SSA”).
Customer shall mean the businesses or individuals scheduling and purchasing products and services from SUBSCRIBER.
Service Provider Collection and Use
SmartND collects information under the direction of its Subscribers, and has no direct relationship with the individuals whose personal data it processes.
SmartND collects information for our Subscribers. If you are a Customer of one of our Subscribers and would no longer like to be contacted by one of our Subscribers that use our service, please contact the Subscriber that you interact with directly.
Service Provider, Sub-Processors/Ownward Transfer
SmartND may transfer Collected Information to third parties that help us provide our service. Transfers to these third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our Subscribers.
Access to Data Controlled by our Subscribers
SmartND has no direct relationship with the Customers whose personal data it processes. A Customer who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the Subscriber. If the Subscriber requests SmartND to remove the data, we will respond to their request within 30 business days.
We reserve the right to disclose the Collected Information upon the following circumstances:
– As required by law, such as to comply with a subpoena, or similar legal process.
– when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
To any other third party with your prior consent to do so.
We will retain your Collected Information and the Collected Information we process on behalf of our Subscribers for as long as your account is active or as needed to provide you and our Subscribers services. We will retain and use this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Security of your Information
The security of personal information is a high priority at SmartND. We maintain our Digital Properties and all associated data with technical, administrative and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification and improper disclosure. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). No computer system or information can ever be fully protected against every possible hazard. SmartND is committed to providing reasonable and appropriate security controls to protect our web sites and their information against foreseeable hazards. If you have any questions about security on our web site, you can contact us at firstname.lastname@example.org.
If you have any questions regarding this Privacy Statement you can contact us via email at email@example.com.