STOP USING THIS SITE IMMEDIATELY IF YOU ARE UNWILLING OR UNABLE TO COMPLY WITH THESE TERMS AFTER READING THEM.
- Asking a Question or Reporting a Violation.
To report a Terms of Service violation or to ask a question about the Terms of Service, contact our legal department.
- "Using" Smart Ask refers to accessing, scraping, crawling, browsing, or performing any other activities that connect to or make use of Smart Ask in any way.
- The words "you" and "your" refer to the user who is reading this agreement.
- "We" and "us" refer to Smart Ask.
- "Content" refers to any form of media or data, including but not limited to text, photos, graphics, audio, and video.
- USER CONTENT: All content submitted to Smart Ask or made available by users, collectively.
- YOUR CONTENT: All content that you submit or make available, including but not limited to reviews, ratings, compliments, information, and invitations displayed as part of your profile.
- Smart Ask CONTENT: All content created or made available by Smart Ask.
- THIRD PARTY CONTENT: All content created or made available by data providers who license data to Smart Ask for use on the site, or other parties other than Smart Ask or its users.
- SITE CONTENT: All types of content, collectively.
You must be 18 years of age or older and a United States resident to use this site. If you use Smart Ask as an agent of any business entity, you must be an authorized representative of that business and you agree on behalf of that business to be bound to these Terms of Service. If you do not meet these eligibility requirements or if you do not have the authority to bind your company to these Terms of Service, you must not use this site.
- Permission to Use.
Smart Ask grants you permission to use our site under the restrictions described in these Terms of Service. You may at times be exposed to indecent, offensive, inaccurate, objectionable, and/or content that is otherwise inappropriate. We do not vouch for the accuracy of such content, and we do not endorse or encourage it.
- Restricted Uses.
You agree to neither directly nor indirectly participate in or encourage any of the following activities:
- Violate the Smart Ask Terms of Service or any applicable law.
- Use Smart Ask to stalk, defraud, threaten, harass, or otherwise harm any other person.
- Attempt to gain unauthorized access to any part of the site, including computer systems, user accounts, or networks connected to the site, using password mining, hacking, or any other illegal or unethical methods.
- Create excessive network traffic.
- Use the site for discriminatory or bigoted purposes.
- Use Smart Ask to affect natural search results in any way, for example, by keyword spamming.
- Omit or alter any part of Smart Ask's copyright, trademark, or other proprietary rights notices on anything you copy, print, or distribute from the site.
- Reverse engineer any part of Smart Ask, except as permitted under law.
- Use Smart Ask to solicit information from minors or cause harm to minors.
- Use Smart Ask in any way that might create a conflict of interest or the appearance of a conflict of interest, for example, soliciting reviews or trading reviews with other businesses.
- Remove, circumvent, disable, interfere with, or damage any of this site's security features, including but not limited to those that prevent unauthorized copying of site content or those that limit site use.
- Use Smart Ask to submit, display, or transmit illegal or pornographic content.
- Use Smart Ask or content found within it as a means of transmitting destructive items including but not limited to viruses, worms, or Trojan horses (collectively, "viruses").
- Use the site to identify passwords or security encryption codes, disrupt security, or cause harm to the site or site content.
- Mine site data, or process or record any data about Smart Ask or its users.
- Use any software or devices to interfere with the proper working order of the site.
- Exploit the site or site content (other than your content) through modification, adaptation, translation, sale, reproduction, distribution, trade, or creation of derivative works or adaptations of site content or the site itself.
- Use Smart Ask for commercial or promotional purposes not expressly allowed by the site.
- Use Smart Ask in a manner that violates the rights of other users or third parties. Examples include but are not limited to breaching confidence, copyright, patent, trademark, trade secret, privacy right, moral right, right of publicity or any other right, proprietary or intellectual.
- Access, scrape, or index this site or its content using any automated device, spider, site search/retrieval application, robot, or process as a means to (a) frame or reformat any part of Smart Ask, (b) build, develop, or populate a database of business-focused reviews, or (c) take any action that will impose, or, in the site's opinion, may possibly impose an unreasonable load on our systems.
- User Accounts.
To access certain features of Smart Ask, you may need to log in using a Facebook account. If you do not have a Facebook account, you will have to create one to access these features. You are responsible for keeping your account password secure and for any activity associated with your account. You agree to notify us immediately if you are aware of or suspect unauthorized use of your account.
- "Personal Accounts" are those that you use for your own personal, non-commercial purposes. To ensure your credibility as a valuable site contributor, you agree to provide accurate and complete information about yourself when creating your personal account. You may not create multiple personal accounts or provide another person's e-mail address or impersonate another person in any way.
- "Business Accounts" are accounts that you use solely for representing a business. To create an account for your business, you must be an authorized representative of the business, and you must register using a Facebook account. You agree to submit accurate and complete information about yourself and the business when creating your business account. You may not create more than one business account for the same organization or register business e-mail addresses that you do not have permission to register.
- Content and Responsibility.
Your content is solely your responsibility. Smart Ask bears no liability for your content. You assume any and all risks associated with your content, including but not limited to reliance on accuracy, completeness, or usefulness and disclosures that reveal your identity. You may not imply in any way that your content is endorsed or sponsored by Smart Ask. Upon posting content on Smart Ask, you represent that you own the posted content or you have permission to use it and to authorize its use for any other purpose.
You may be exposed to liability if (a) your content violates any third-party right, including but not limited to rights involving copyright, patent, trademark, trade secret, moral right, privacy right, publicity right, or any other right, intellectual or proprietary; or (b) your content contains information that is false or intentionally misleading, defamatory information, information containing hate speech or pornography, information that harms or exploits minors, unlawful information, or information that violates or encourages others to violate laws or regulations.
- Content Permissions.
Your content may be displayed on Smart Ask, incorporated into other works, used for promotion, used to create derivative works, distributed, or used for any other lawful purpose. Others may also do the same in connection with their own websites or media platforms ("other media"). By posting your content or otherwise making it available, you grant irrevocable permission to use your content for any purpose and you consent to waive any moral rights, attribution claims, and assertions for your content. You also agree to grant access to your content to Smart Ask and users of other media in connection with their use of the site and any other media.
- Content Uses.
We may remove or reinstate user content at any time and for any reason or no reason at our discretion. In particular, we may remove content that is determined to violate our Terms of Service or that we believe to be inappropriate.
You don't own rights or entitlements to compensation for advertisements that run with your content or anywhere else on the site. Advertising mode, manner, and extent are subject to change without notice.
To help distribute content widely and easily, some of the site content (also "feed content") is made available through Atom feeds and Real Simple Syndication (RSS) ("feeds"). Users may access feeds to display feed content on their websites, computers, handheld devices, or anywhere else provided that (a) such use is personal and not commercial, (b) displayed feeds link back to relevant pages on the site and attribute Smart Ask as the source, (c) you do not suggest through use or display of Feed Content that Smart Ask endorses or promotes any third-party causes, products, ideas, websites, or services, (d) you do not redistribute the feed content, and (e) Smart Ask's systems are not overburdened by your accessing the feeds. We reserve the right to terminate access to any feed at any time and for any reason.
- Unauthorized Access.
We strictly and expressly forbid unauthorized access to Smart Ask. We reserve the right to use any means necessary to prevent unauthorized access, including but not limited to mapping IP addresses, contacting your Internet Service Provider (ISP), and using technological or programmatic obstructions.
- Third Parties.
- You may see links to other websites ("third party sites"). Responsibility for third party content lies with third party sites and not with Smart Ask. Third party sites are not endorsed or controlled by Smart Ask.
- Account Termination.
We may, at any time and for any reason or no reason, terminate or indefinitely suspend your account or access to the site without notice or liability. For example, if we suspect that you are involved in illegal activity or you are found to be in breach of these Terms of Service, we may terminate or suspend your account. If your account is terminated or suspended, you will be prevented from accessing your account, your content, the site content, and/or any related data.
- Site Availability.
We have the right to update, change, or discontinue Smart Ask at any time, for any reason, at our discretion, without notice or liability.
Smart Ask content elements include interactive features, computer code, products, compilations, visual interfaces, graphics, designs, software, aggregate user reviews and ratings, and all other elements of Smart Ask, including user and third-party content. These elements are owned by Smart Ask. Changing, distributing, reproducing, publicly displaying, creating derivative works or adaptations, or exploiting the Smart Ask content, in whole or in part, is prohibited unless expressly authorized by the site. No express or implied rights are provided to users, other than those provided by these Terms of Service. We retain all rights in and to Smart Ask and all site content. Also, all copyrights, trademarks, service marks, trade names, and intellectual and proprietary rights throughout the world ("IP Rights") that are associated with Smart Ask in any way, whether with its content or with the site itself, are also owned by the site, except where otherwise noted. These IP Rights are protected by trademark, patent, and trade dress laws, and all applicable intellectual and proprietary rights and laws.
- Site Enhancements or Suggestions. If you think of ways in which Smart Ask could be improved, use our "Contact Us" form. By sending us feedback in any form (for example, suggestions, ideas, requests, or proposals), you certify that (a) Smart Ask is under no express or implied obligation to keep the feedback confidential, (b) similar feedback may already be in development or under consideration, (c) your feedback does not contain confidential or proprietary information about third parties, and (d) you grant Smart Ask a royalty-free, irrevocable, non-exclusive, perpetual, worldwide license to use, modify, publish, distribute, and sublicense the feedback and all improvements resulting from it.
- Dissatisfaction. To help us continually improve your user experience, we invite you to share negative feedback with us using our Contact Us page. However, terminating your account and discontinuing use of Smart Ask is the only way to fully remedy your dissatisfaction.
Users agree that they will indemnify and hold harmless Smart Ask and all of its parents, subsidiaries, related companies, licensors, partners, affiliates, and suppliers, as well as the officers, employees, agents, directors, and representatives of each of these entities. The terms of this indemnification (hold-harmless) agreement include but are not limited to costs, liabilities, and legal fees from any demand or claim made by a third-party arising from (a) your Terms of Service violation, (b) your access to or use of Smart Ask, or (c) any infringement by you or a person using your account of any property, intellectual, or other right of any person or entity. You consent to cooperate with claims as Smart Ask, at your expense, reserves the right to assume exclusive defense and control of any matter in which you are required to indemnify us. Unless you have written consent from Smart Ask, you may not settle any matter. We will make reasonable efforts to make you aware of any claim, action, or proceeding.
- Warranties, Disclaimers, and Limitations of Liability.
- Smart Ask DISCLAIMS ALL LIABILITY FOR ANY (1) DAMAGES, BE THEY RELIANCE, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR INDIRECT, (2) PROFIT LOSS, (3) DAMAGE TO OR LOSS OF REPUTATION OF Smart Ask OR ANY THIRD PARTY, (4) INTERRUPTION OF BUSINESS, OR (5) INFORMATION OR DATA LOSS.
- NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, ARE MADE BY Smart Ask AS TO (1) SITE OPERATION OR FUNCTIONALITY, (2) THE IP RIGHTS, SAFETY, USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY AND ACCURACY OF ANY SITE CONTENT, WHICH INCLUDES, BUT IS NOT LIMITED TO THE ACCURACY OF BUSINESS INFORMATION AND REVIEWS LISTED ON THE SITE, AND (3) ANY SERVICES AND/OR PRODUCTS SOLD BY LISTED BUSINESSES. ALL CONTENT CONTAINED ON Smart Ask AND THE SITE ITSELF ARE AVAILABLE TO YOU ON AN "AS IS" BASIS. Smart Ask DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WARRANTIES. ANY INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, THAT IS OBTAINED FROM Smart Ask SHALL NOT CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
- ANY AND ALL LIABILITY FOR LOSS OR DAMAGE DUE TO THE USE OF THE SITE AND SITE CONTENT IS FURTHER DISCLAIMED BY Smart Ask. USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ANY RESULTING LOSS OR DAMAGE IS SOLELY YOUR RESPONSIBILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE RESULTING FROM VIRUSES THAT YOU MAY DOWNLOAD DURING YOUR USE OF THE SITE.
- LIMITED TO THE GREATER OF (1) THE AMOUNT PAID TO THE SITE IN CONNECTION WITH Smart Ask IN THE 12 MONTHS PRIOR TO THE OFFENDING ACTION OR (2) U.S. $100.00.
- ALL LIABILITY FOR LOSSES OR DAMAGE ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH THE BUSINESSES, ADVERTISERS OR USERS ON THE SITE IS DISCLAIMED BY Smart Ask. ANY COMMUNICATION WITH THESE ADVERTISERS, BUSINESSES OR USERS IS SOLELY BETWEEN YOU AND THEM AND WILL NOT BE MEDIATED BY Smart Ask; HOWEVER, Smart Ask RESERVES THE RIGHT TO MONITOR ANY DISPUTES.
- SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF SOME WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON THE LENGTH OF A WARRANTY. IN THIS CASE, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU FULLY, BUT THEY WILL APPLY TO YOU TO THE FULLEST EXTENT OF THE LAW.
- The Terms of Service contain the entire agreement between you and Smart Ask for all instances and types of Site use.
- This agreement overrides any and all other previous agreements between you and Smart Ask.
- Either party's failure to exercise any right provided herein will not result in the providing of a waiver.
- In the event that any provisions found in these Terms of Service are found to be unenforceable or illegal, those provisions will be eliminated or limited to the minimum extent necessary to make them enforceable and legal.
- These Terms of Service may not be interpreted as authorization of agency, employment, joint venture, or partnership. These Terms of Service do not give you authority to bind Smart Ask in any way.
- Both parties herein acknowledge that no reliance is placed on any direct or indirect representation contained in these Terms of Service.
- You may not assign, transfer, or sub-license these Terms of Service without Smart Ask's written agreement. Any assignment made in violation of these Terms of Service will be void. Smart Ask reserves the right to assign or transfer the Terms of Service without restriction.
- You agree that the State of California will govern any dispute regarding or involving Smart Ask without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in San Francisco county, California state, and United States federal courts.
- Nothing contained in these Terms of Service gives rights or remedies to any third party, except where expressly noted.
- We reserve the right to make occasional changes to these Terms of Service. We will notify you of any such changes by posting the revised Terms of Service on this web page with a list of changes. Notifications may also be provided to you through e-mail or regular mail, but this is not required. You agree to periodically revisit this page to read all changes. All changes are in effect as of the moment they are posted on this page. All future changes are binding to you through use of this Site. By continuing to use Smart Ask after we change the Terms of Service, you indicate agreement with all changes.
- Section titles within the Terms of Service are listed for convenience only; they have no contractual or legal effect.