Terms of Service

Introduction

By accessing the website smartystreets.com or any other related sites, (herein collectively referred to as the "Site") or requesting services (herein the "Service" or "Services") provided by SmartyStreets, LLC (herein the "Company") you will have access to valuable information, services, and tools to assist you with meeting your objectives. By accessing the Site, the Customer (herein "you" or "your") agrees to these Terms of service (herein "Terms"). The Site, Content (as defined below), and Software (as defined below) are not available to competitors of the Company, and competitors are hereby expressly prohibited from using or accessing the Site, the Software, or the Content. Furthermore, by viewing or entering the Site, you are certifying that you are not a competitor of the Company and that you will not share or otherwise disclose the Site, Software, or Content with a competitor of the Company.

These Terms govern your access to and use of Software from the Company, whether through the Site or otherwise. In the event that you access the Site, your access to the Site, the Software, and the Content are subject to the Terms. In the event of any conflict between the Terms and any separate agreement with the Company, the Terms and conditions of the separate agreement will prevail and govern.

The Company will only knowingly provide its services to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Site, Software, and Content only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Site, Software, and Content are not intended for children under the age of 13.

Hey, welcome to SmartyStreets.com. Hopefully you're old enough to use the site responsibly. Underage clicking is not allowed. When you visit us or use our services, you understand that these terms govern both your behavior and ours.

Copyright

All Content included in this site (such as text, graphics, logos, images, audio clips, and software) is the property of the Company unless otherwise specified. This Content is protected by U.S. and international copyright laws. Any content that is not the express property of the Company is used by permission of the copyright holder. Portions of our software are the property of the United States Postal Service.

Any and all electronic and programmed computer instructions used to provide a service to the customer for good and valuable consideration (herein "Software" and "Service") are the property of the Company and protected by U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication, display, or performance of the Content on this site, unless otherwise granted, is strictly prohibited.

We respect the property of others. We expect the same of you.

USPS® Disclaimer

The Company is a non-exclusive licensee of the United States Postal Service. The prices of our products and services are neither established, controlled, nor approved by the United States Postal Service. Advertising material is neither endorsed nor approved by the United States Postal Service. Portions of our software are copyrighted by the United States Postal Service. Customers accessing our site acknowledge the USPS right to the licensed materials and licensed marks.

We are authorized by the USPS® to use their data, but we are not the USPS®.

Private Security Credentials

Any and all secret or private credentials and/or authentication tokens including passwords that you use to access the Site, Software, and Content are personal to you. You should not share or disclose your private authentication information with anyone who you do not trust. Disclosure of your security credentials to any party, including those within your organization, authorizes that party to act as an agent on your behalf. You are responsible for safeguarding your credentials, and you agree not to allow any third party to access and use the Site, Software, and/or Content using your credentials, unless specifically granted herein. The Company recommends creating credentials that cannot be easily guessed. You agree to take sole responsibility for any activities or actions under your credentials, whether or not you have authorized such activities or actions. You will immediately notify the Company and change your credentials if any unauthorized use of your credentials is suspected.

We take security very seriously. Make sure you use strong passwords, and don't share private service keys (such as those used to access our API) by using them on public web pages or committing them to source control. You're responsible for keeping your account safe.

Your Use of the Software and Content

The Company authorizes you to access and use the Site, Software, and Content subject to these Terms: You agree not to (i) sell, rent, sub-license, or lease access to the Company's products to provide services to third parties without the express written permission of the Company, referred to as a reseller license; (ii) reproduce, modify, make derivative works of, publicly perform, publicly display, use, make, have made, sell, offer to sell, or import the Company's products, except as otherwise expressly agreed in writing between you and the Company; (iii) disassemble, decompile, or reverse-engineer the Company's products and/or services or (iv) impersonate any other person or entity, whether actual or fictitious, including impersonating an employee of the Company.

Subject to these Terms, the Company provides the ability to compare information in your address list with official postal data and update the information in your address list as necessary to bring it into compliance with generally accepted postal standards. The Company will maintain the address data that you submit according to the terms set forth by the service that you elect to use.

You acknowledge that data submitted to the Company using an HTTP POST operation will only be stored in transient computer memory until requested procedure has been completed and no persistent record of the address information is ever retained. If you elect to invoke the LiveAddress API service using an "HTTP GET" operation, you acknowledge that address-related data may be persistently stored in the Company's web server log files for a period of up to 90 days. The Company agrees to keep these log files private and to not disclose any address-related information pursuant to the Company's privacy policy.

You acknowledge that the Company may log address information submitted for the sole purpose of improving matching logic. Address Information is defined as no information beyond Street Address/City/State/ZIP. The Company acknowledges your right to suppress this logging.

Anything that you send to the Company as an email attachment (for technical support or otherwise) is not subject to automatic purging or guaranteed privacy (since most email is sent via insecure channels). The Company retains email correspondence in order to provide you with better support. If you need the attachments purged by us for any legitimate reason, please contact us and request accordingly.

We make our service available for you to use when you play nice. Please don't try to break it or reverse-engineer it. Generating address lists is not allowed.

By default, requests to our service are logged. We log requests to make sure the service is operating normally. Log entries may be kept up to 90 days. You can turn this off for your requests if you don't like it.

Customer emails are kept private and are archived when no longer needed. If you're concerned about something you've emailed to us, let us know you'd like us to delete it. Since email is inherently insecure, we do not guarantee the privacy of email contents or attachments, and we encourage you to send sensitive information more securely.

Data Ownership

You retain all rights to your data. "Your data" is defined as any data that you submit to the Company that is not already publicly available. The Company will utilize your data only for the purposes of fulfilling your request(s) and/or improving the quality of our products and services (such as logging for statistical and analysis purposes) except as otherwise noted.

Any of the data that the Service returns as a response to your data submission belongs to you. It may be used as you see fit and is not governed by any part of this contract so long as the data is not sold or redistributed in whole or in part in a competitive manner, whether for profit or not (for example, if you are starting up an address verification service, you cannot use our data).

Your data is yours, and we respect that. Our data is ours, however, which means that using our service to compete with us (whether providing it for gain/benefit or reselling it) or doing unkind things with the help of our service, is not allowed.

Allowed Usage of LiveAddress API

Subject to these Terms, the service otherwise known as "LiveAddress API" (herein "API") may provide you with the ability to compare information in a database, software, or website against official postal data and update the information entered at the point of entry. Except as otherwise provided herein, you agree not to (i) sell, rent, sub-license or lease access to the API to provide services to third parties without the express written permission of the Company, referred to as a reseller license; or (ii) disassemble, decompile, or reverse-engineer the Company's products.

Customers who purchase this product agree to the terms under "Recurring Billing", and are subject to the policies posted on the Site.

Under our standard license, you are not permitted to resell or give away our services (even if you have an unlimited subscription). If you need to resell, redistribute, or proxy any of the services or data we provide, please contact us about a reseller license.

Company Property

All rights, titles, and interests in and to the Software and Content are and will remain the exclusive property of the Company and its licensors.

LiveAddress belongs to SmartyStreets.

External Links

The Company may provide links on the Site to other websites that may or may not be affiliated with, under the control of, or otherwise maintained by the Company. The Company does not control those third parties or their services, and you agree that the Company will not be liable to you in any way for your use of such services. The Company does not endorse or make any representations or warranties about third party sites or any information, software, or other products or services found there.

We'll probably link to other sites and services that we neither own nor have affiliation with.

Hyperlinks To The Site

You are granted a limited, nonexclusive right to create a "hypertext" link to the Site provided that such link does not portray the Company or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time, for any reason, whatsoever. You may not use, frame, or utilize framing techniques to enclose any Company trademark, logo, or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page, or any form contained on a page without the express written consent of the Company.

We welcome and encourage legitimate links to our website. However, displaying our site in an iframe, cloning/copying our site design or layout, crawling our site, and "spamming" or harvesting the data on our site or provided by our service is all forbidden.

General Prohibitions

You agree not to do any of the following: (i) use any Content, including any personally identifiable information included within the Content, in violation of any rights of any third parties, including such rights arising under any applicable privacy policies or agreements; (ii) use any Content in violation of any applicable law or regulation; (iii) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site, Software, or Content; (iv) attempt to compile through reverse-engineering or any other method a comprehensive list of all USPS addresses; (v) distribute, modify, or copy the Software; (vi) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Software; The company will have the right to investigate and prosecute violations of any of the above. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that the Company has no obligation to monitor your access to or use of the Site, Software, or Content, but has the right to do so for the purpose of providing the Site, Software and Content, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Don't use our service to break any laws or regulations. Be nice. If we suspect foul play, we reserve the rights to investigate, monitor your requests, and even terminate your service.

And don't attempt to use our service to generate address lists (small or large).

Termination

If you violate any of these Terms, your authorization to use the Site, Software, Content, and your uploaded data will automatically terminate. You agree that fees paid are non-refundable in the event of the termination of your account based on a violation of these Terms.

There's a plug here, and we will pull it if we have to. No refunds are given to rule-breakers.

Recurring Billing

Some services offered by the Company will be billed to a credit card or other prearranged methods of payment automatically. Establishment of these services are contingent upon receipt of initial payment and payment information. Subsequent payments will be automatically charged to the credit card on file at a given interval—either monthly, annually, or according to usage. This interval is established by the customer. In some cases, payment may be due early in order to allow services to continue. For example, if you purchased 500 API units and these units, were to be used before the end of the predetermined billing cycle, your method of payment would be charged to allow continuation of the Service. If recurring charges are due early, your subsequent billing dates will be reset based on this date. Recurring billing can be cancelled with twenty-four (24) hours notice by contacting agents of the Company. Any refund requests for recurring or automated charges must be made in strict compliance with the Company's established Refund Policy.

One great thing about our service is that it is always available. To make sure your account doesn't expire, we will automatically renew your subscription using any credit card that you have on file with us. Failure to maintain current payment information in your account may result in a natural termination of your service.

Chargebacks

You agree to contact the Company before disputing any charge against the method of payment specified, which is commonly referred to as a "chargeback". Chargebacks on credit cards or any other form of payment provided to the Company will be researched and disputed if, in the Company's reasonable opinion, the chargeback is not justified. You acknowledge and agree that if services have been performed by the Company, chargebacks are unlawful. Any chargeback will automatically invoke the following per-occurrence fees without exception. A $50 administration fee, a $25 chargeback fee, and a $50 recovery fee. These fees, along with any disputed charges, will result in a negative balance on your account which must be paid before services on the account can be reactivated. If these fees are not paid within 30 days, any data provided to the Company by the customer will be considered the property of the Company. In the event of a chargeback, the Company may need to provide relevant information to a 3rd party for the purposes of recovering the debt or for the pursuit of civil or criminal proceedings.

If you have questions about a charge you received, call us before you complain to your credit card company.

Use At Your Own Risk

Your access to and use of the Site, Software, and Content is at your own risk. The Company will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Software, or Content. While making efforts to the same, the Company does not guarantee the accuracy of the Content.

Be safe. Look both ways before crossing. Wear your helmet.

Provided "As-Is"

THE SITE, SOFTWARE, AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

WHILE TAKING MEASURES TO ENSURE REASONABLE ACCURACY, SECURITY, AND AVAILABILITY OF THE SOFTWARE, THE COMPANY MAKES NO WARRANTY THAT THE SITE, SOFTWARE, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE COMPANY MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY DATA OR INFORMATION OBTAINED THROUGH THE SITE, SOFTWARE, OR CONTENT.

You may encounter bugs or inconsistencies in our service. Let us know and we'll do our best to fix them, but meanwhile, the ultimate responsibility for what you do with our service lies with you.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees), arising out of your violation of these Terms.

Let the Wookiee win.

Limitation of Liability

EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, SOFTWARE, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Please read these terms.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Utah without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action arising under these Terms or related thereto will be the state and federal courts located in Utah County, State of Utah, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

What happens in Utah stays in Utah.

Updated: October 29, 2013

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