Terms of Use

Effective April 20, 2018

EEC Acquisition LLC d/b/a Smart Care Equipment Solutions (“Smart Care”) operates the website at http://smartcaresolutions.com/ (the “Site”) subject to these terms of use (the “Terms”).   These Terms describe the rules for using the Site including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and are legally binding between you, the person using this Site, and Smart Care.  Terms such as “we,” “our” and “us” refer to Smart Care.

By accessing and using the Site, you agree to be bound by these Terms. We may update these Terms at any time, and such updated versions will be posted on the Site. By continuing to use this Site after the Terms are updated and posted, you consent to any such updated version of these Terms.

To understand Smart Care’s practices regarding collection, use, and storage of information received through our Site, please read our Privacy Policy.

Copyright Notice

© 2018 Smart Care Equipment Solutions.  All Rights Reserved.

Service Requests

The Site provides an option to make requests for repair services (“Services”) through completion and submission of a service request form.  The service request form will require you to submit certain company and equipment information.  In order to request Services, you must provide accurate and up-to-date information and contact us to update it as necessary.  If you are given an option to create or access a customer account online in the future, you agree that you:  (i) will only maintain one customer account at a time; (ii) will not use bots, botnets, apps or other automated means to register multiple accounts, (iii) are responsible for keeping your account and login credentials safe and secure; and (iv) shall notify us promptly of any unauthorized use or security breach of your account.

If you request Services, You represent that you are at least 18 years of age or older and are a duly authorized representative of the company for which you are requesting the Services.  The Services are only available to businesses located in the United States.   Any Services provided to you will be subject to the terms and conditions of your customer service agreements with Smart Care.

Use of Site Content

The content on the Site is intended to provide general information about our company, the industries we serve and Smart Care’s equipment care services and solutions.    All content on the Site, including text, graphics, icons, logos, and images and their selection and arrangement (collectively “Site Content”), is the exclusive property of Smart Care or, if applicable, our licensors, and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

Smart Care may, in its sole discretion, suspend or discontinue the Site or any Site Content at any time without notice.  Smart Care gives you permission to access, download, display and print one copy of the Site Content for your personal or internal business use, provided that you do not modify any Site Content and that you retain all copyright and proprietary notices contained in the materials.  You may not otherwise “mirror,” reproduce, modify, distribute, transmit, post, or use the Site Content in any other media without Smart Care’s prior written consent.

Trademarks

SMART CARE®, the Smart Care logo and other trademarks, service marks and logos (“Trademarks”) used and displayed on the Site are the registered and unregistered trademarks of Smart Care.  Any other trademarks, service marks, logos and trade names used on the Site belong to their respective owners and are used with permission and for identification purposes only.   Nothing on this Site grants any license or right to use any Trademarks or other intellectual property displayed on the Site.   Smart Care prohibits the use of the Smart Care trade name or Trademarks for advertising or marketing purposes, including displaying them on websites or in press releases, without Smart Care’s written permission.

Regional Availability of Services

Site Content may include information about products or services that are not available in your area.  To inquire about our offerings in your specific region, please contact us as described on our Contact Us page.  Further, if certain Site Content is made available in languages other than English, the translations may be done by a person or solely by computer software without review.  Any translations are provided as a convenience and Smart Care makes no representations regarding the accuracy or completeness of the translations however provided.

Links to Third-party Websites

The Site may provide links to third-party websites.  Links to third party websites do not constitute an endorsement for such sites or their content by Smart Care.  The providers of these sites, and not Smart Care, are responsible for such websites and you should review and understand any terms of use and privacy policies that govern your use of the websites that you visit.

Additionally, if you access a non-Smart Care website that includes a Smart Care Trademark, for example the website of a Smart Care partnering organization or client, please understand that such websites and their content are not controlled, operated or endorsed by Smart Care.

Feedback 

Unless otherwise described in our Privacy Policy, if you choose to provide us with any feedback, suggestions, or similar communications, all such communications (“Feedback”) will be considered non-personal, non-confidential and nonproprietary. You hereby grant Smart Care a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback, in whole or in part, and including all intellectual property rights therein.

User postings on Site

From time to time, the Site may have certain sections that allow you to post or otherwise publish materials on the Site.  While Smart Care reserves the right to reject or remove any content or posting, in whole or in part, for any reason in its discretion, Smart Care does not and cannot review all information posted to the Site by users and is not responsible for such content.   You agree that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would violate the law or the rights of other parties; (c) infringe the intellectual property, privacy, or other rights of other parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements.   Smart Care shall own and have the unrestricted right to use, publish, and otherwise exploit any and all content that you post on the Site and you hereby waive any claims against Smart Care for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Smart Care’s use and publication of such submissions.

Disclaimers

While we strive to maintain the Site as accurate and up-to-date, the Site Content may include inaccurate or outdated information or information about services or functionality that are no longer available.  Smart Care does not represent the accuracy or reliability of any statement or information made available on or through the Site.

THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.   SMART CARE AND ANY THIRD PARTY PROVIDERS OF SITE CONTENT MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE, SITE CONTENT.

Indemnification and Limitation of Liability

You agree to defend, indemnify, Smart Care and its subsidiaries, affiliates, officers, directors, employees and agents as well as any third party providers of Site-related services or Site Content (“Site-Related Parties”), harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms or your use or misuse of the Site Content or Site.

YOU AGREE THAT NONE OF THE SITE-RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR SITE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE SITE-RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL CUMULATIVE LIABILITY OF THE SITE-RELATED-PARTIES INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $1.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE SITE-RELATED PARTIES INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITE OR CONTENT ARE EXCLUDED EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS SITE OR THE SITE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Governing law; Jurisdiction

These Terms are governed by the laws of the State of Minnesota without reference to the principles of conflicts of laws thereof. You agree that the only proper jurisdiction and venue for any dispute with Smart Care relating to your use of this Site, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Smart Care or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Site or purchase of our products, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

Contact Us

If you have any questions about these Terms or the operation of the Site, you may contact us via telephone or e-mail as described on our Contact Us page.