The following terms and conditions shall govern your access and use of the websites operated by SmartBear Inc. and its affiliates (collectively, “SmartBear”), including smartbear.com, alertsite.com, automatedqa.com, softwareplanner.com, soapui.org, loadui.org, loaduiweb.org, codereviewer.org, loadninja.com (each a “Website” and, collectively, the “Websites”), as well as your access and use of any services available on or through the Websites. The Websites may contain other proprietary notices, terms and conditions of use, and copyright information, the terms of which shall also govern your access and use of the applicable Website and services (such terms together with the terms below, the “Terms”). The Terms are a legal contract between you and SmartBear and, by using a Website or any services provided thereon, you agree that to be bound by the Terms. If you do not agree to all of the Terms, do not use any Website or any service. You agree that use of any Website or any service signifies that you have read, understood and agree to be bound by the Terms. SmartBear may make changes to any Website or services offered on the Websites, and SmartBear can change the Terms at any time by posting the updated Terms on the applicable Websites. Your continued use of the Websites or services after such changes have been posted means that you agree to the new Terms, even if you have not reviewed the changes. Therefore, you should check the Terms posted on the Websites periodically for updates and changes.
Use at Own Risk – Disclaimer of Warranties
ALL DATA PROVIDED ON THE WEBSITES AND ANY RELATED COMMUNICATIONS ARE PROVIDED ON AN "AS IS" BASIS FOR INFORMATION PURPOSES ONLY. IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Your use of the Websites and any services are at your own risk. None of the information or data on the Websites, including third party content has been verified or authenticated. Any such information or data on the Websites may contain technical inaccuracies or typographical errors. Information and data may be changed or updated without notice. SmartBear may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. SmartBear shall have no liability for any errors or omissions in such information or data, including third party content, whether provided by SmartBear or others.
No Confidential Information Accepted
SmartBear does not wish to receive, act to procure, nor desire to solicit, confidential or proprietary information from you through the Websites. Please note that any information or material divulged during chats, posted to newsgroups or sent to SmartBear will be deemed NOT to be confidential by SmartBear. By the submission of any information or material, you grant SmartBear an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree SmartBear is free to use any idea, concept, know-how or technique that you send to us or share with us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Software and Services
COPYING OR REPRODUCTION OF ANY SOFTWARE OR SERVICES RELATING TO, OR AVAILABLE THROUGH, THE WEBSITES TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
The design or layout of this smartbear.com website, or any other Website owned, operated, licensed or controlled is the property of SmartBear. Elements of the Websites are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Website may be copied or retransmitted unless expressly permitted by SmartBear.
Third Party Websites and Content
SmartBear makes no representations whatsoever about any other websites, products or services which you may access through the Websites. When you access another website, or a third party website from a Website, please understand that it is independent of SmartBear, and that SmartBear has no control over the content on that website. In addition, a link to a non-SmartBear website does not mean SmartBear endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Limitation of Liability
IN NO EVENT WILL SMARTBEAR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR RELATED TO USE OF THE WEBSITES OR SERVICES, OR ON ANY OTHER HYPER LINKED OR THIRD PARTY WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, HOWEVER ARISING, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Copyright Obligations and Responsibilities
SmartBear products and services are governed solely by the agreements under which they are sold or licensed. Always check your software license and service agreements to make sure that neither you, nor your application, infringe the intellectual property rights of others. You must have the consent of the licensor or owner of the software before accessing or modifying it, if allowed.
The SmartBear and affiliate names, and all SmartBear and affiliate products and services referenced herein are either trademarks or registered trademarks of SmartBear and its affiliates. SmartBear has made every effort to supply trademark information about the company names, products and services mentioned on this website. All third party trademarks represented on this website may be the property of their respective owners.
Local Laws and Export Control
SmartBear controls and operates the Websites from its headquarters in the United States of America and the services, information and data on the Websites may not be appropriate for use in other locations. If you use the Websites or services outside the United States of America, you shall be responsible for following the applicable export/import control laws and all applicable local laws.
SmartBear prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of the Terms, as determined by SmartBear, will result in termination of your access to the Websites or services. Massachusetts law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern the Terms. Any disputes relating to these Terms or the Site will be heard in the state and federal courts located in the Commonwealth of Massachusetts. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. SmartBear’s failure to enforce any of the Terms is not a waiver of such term. The Terms are the entire agreement between you and SmartBear and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and SmartBear about the Websites. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of the Terms.