Last Updated: 3/21/2023

Please read these Smart Labels LLC (“Smart Labels”) Terms and Conditions of Use (“Terms”) carefully. Your use of the Products and Services indicates that you have read, accepted and
agree to these Terms and constitutes your consent hereto. 

These Terms are between you and Smart Labels concerning your access and use of Smart Labels products and services provided in connection with the Smart Labels website, mobile application, software, firmware, documentation and other information and materials provided on or in connection with such services (individually and collectively, the “Products and Services”). We want you to understand exactly what you are agreeing to when you become a Smart Labels user.  Please review the following Terms carefully before accessing, utilizing, registering or creating an account for, or subscribing to the Products and Services. If you or your device accesses the Smart Labels website or mobile application (regardless of your payment or subscription status) you acknowledge and agree that you are a user of the Products and Services and are bound by the provisions of these Terms. If you do not agree to these Terms, please do not set up a user
account, subscribe or otherwise access or utilize the Products and Services. 

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION. TO THE EXTENT IT APPLIES, THIS PROVISION REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIAL OR CLASS ACTIONS.

Please see our Privacy Policy to understand our practices, located at https://www.qrsmartlabels.com/search.  By using the Products and Services, you understand and consent to Smart Labels’ collection, storage and use of your Account Data in accordance with Smart Labels’ Privacy
Policy. We encourage you to review the Privacy Policy frequently.  Each party shall comply with its respective obligations under applicable data protection laws (“DPL”). You will not perform any act that puts Smart Labels in breach of its obligations, and nothing herein shall be deemed to prevent any party from taking action it reasonably deems necessary to comply with DPL.

 
These Terms may be accepted by clicking the “I accept” button if such button or function is available or present via the user interface for the Products and Services.  You also accept the Terms when you access or start to use the Products and Services or otherwise attempt to access the Smart Label website or application. By using the Products and Services, you affirm that you are of legal age to enter into these Terms. You may not use the Products and Services if you are a: (a) person who is not of legal age or otherwise not entitled to form a binding contract with Smart Label, or (b) person who is barred from receiving the Products and Services under the laws of any country including the country in which you are a resident or from which you are using the Products and Services.  If you are an individual accessing or using the Products and Services on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (“Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” in these Terms will refer to both the individual using the Products and Services and to any such Organization for which the individual is acting.

Smart Labels may at its discretion modify, update, add to, discontinue, remove or otherwise change these Terms at any time. Each such modification will take immediate effect upon publication to the website or mobile application and “last updated” date will be updated.  Smart Labels may provide you with notices, including those regarding changes to these Terms, by email, text message, postings or updates to the Smart Labels mobile application or other reasonable means now known or hereinafter developed. A notice may be shown when you enter the mobile application for Products and Services notifying you of the “Updated Terms” for a reasonable amount of time. Your continued use of the Products and Services following any such notifications, whether or not you have actual knowledge of or review the updated Terms, constitutes your acceptance of such modifications and your agreement to be bound thereby.  If you do not agree to any modification of these Terms, your sole remedy is to discontinue use of the Products and Services and/or cancel your subscription for Products and Services in accordance herewith. Any updated Terms will supersede previous versions.

Full use of the Products and Services requires that you create an account by providing us with information such as your full name and a valid email address, as well as a strong password (“Account Data”). You are responsible for all activity that occurs in association with your account.  You will keep your Account Data safe and secure and prevent unauthorized access to your Account Data and your account by third parties, in particular by: (i) avoiding obvious user IDs or passwords, (ii) by changing your password regularly, (iii) by ensuring that you do not disclose your password(s) or grant any other user or third party access to your
Account Data or Products and Services, and (iv) by ensuring that you exit from your account at the end of each session. You must notify us promptly of any unauthorized use or security breach of your account or the Products and Services. Smart Labels is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact Smart Labels via the website if you discover or suspect any security breach related to the Products and Services or your account. You agree that Smart Labels may store and use the Account Data you provide for use in maintaining and billing fees to your account and as otherwise provided herein.  You agree and acknowledge that business accounts may be subject to different protocols and requirements than personal accounts, in Smart Labels discretion, including requiring additional authentication or security measures for changes to account passwords or user credentials.

In order to use the Products and Services, you need both (i) a supported mobile phone, tablet or computer with Internet access and (ii) Smart Labels QR code stickers which can be purchased from various stores as detailed on the website and subject to change from time to time. The maintenance and security of your electronic equipment may influence the performance of the Products and Services and it is your responsibility to ensure the equipment’s functionality. Use of the Products and Services may require the use of a broadband Internet connection or a mobile data connection. You are responsible for any charges for your internet connection or data plan incurred as a result of using or accessing the Products and Services. You should be aware that your network provider may charge you for access to its network, the duration of your mobile device’s connection to the network and the data volume used to use the Products and Services. You are entirely responsible to check with your network provider whether any such costs may apply before using the Products and Services or products in this respect. You acknowledge and agree that you will be solely responsible for all disputes with any Internet Service or cell phone provider relating to the same. In particular, use of the Smart Labels mobile application may incur extra and substantial charges on devices that use a data plan. Smart Labels is not responsible for and does not make any assurances about the
availability, functionality, or cost of any broadband internet connection or other data plan.

You agree that Smart Labels may collect and use technical data and related information, including but not limited to technical information about your mobile device and your use of the mobile application and the Products and Services, such as such as log entries, diagnostics, bandwidth usage, WiFi usage, performance information, and various other analytics coming from devices tied to you, and User Content. This data is gathered to facilitate the provision of Products and Services and product support. Smart Labels may use this information to improve the Products and Services and its products or to provide additional Products and Services or technologies to you but will not disclose your Account Data to third parties for their independent marketing or promotional purposes unless you give consent. Without your consent, Smart Labels does not use the collected technical data and related information to market products or services to you or to track or collect the websites you visit or collect the content of any traffic on your network. You have the right to update your Account Data at any time. Such changes can be made by logging into your account. Certain features of the Products and Services may not be available if you restrict the collection, storage, or use of your Account Data.

 
You must access and use our Products and Services  via the mobile application and only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Products and Services in ways that: (i) violate, misappropriate, or infringe the rights of Smart Labels, including intellectual property or other proprietary rights; (ii) are unlawful, harmful, illegal, obscene, defamatory, threatening, abusive, libelous, intimidating, harassing, hateful, racially, or ethnically offensive, harmful to minors in any way, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting
violent crimes; (iii) involve publishing falsehoods, misrepresentations, or misleading statements; (iv) impersonate someone; or (v) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like.  You further agree not to do the following: (a) remove any proprietary notice language corresponding to the Products and Services; (b) access, use, copy, adapt, modify, duplicate, reverse engineer, decompile, extract code from, prepare derivative works based upon, distribute, license, sublicense, transfer, sell, trade, resell, display, perform, or otherwise exploit the Products and Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm Smart Labels, or the Products and Services, users or others, including but not limited to, directly or through automated means; (c) send, store, or transmit viruses or other harmful computer code through or onto our Products and Services; (d) gain or attempt to gain unauthorized access to our Products and Services, website or mobile application; (e) interfere with or disrupt the integrity or performance of our Products and Services; (f) create accounts for our Products and Services through unauthorized or automated means; (g) collect the information of or about our users in any impermissible or unauthorized manner; (h) sell, resell, rent, or charge for our Products and Services; or (i) distribute or make our Products and Services available to other
users or any other third parties, including allowing a third party to utilize your account.  Unauthorized use of the Products and Services may result in criminal and/or civil prosecution under Federal, State, and local law. Please notify us via the website if you become aware of misuse of our Products and Services or QR codes/labels.  Changes to account passwords or user credentials may require written authorization and/or
additional authentication or security protocols to protect users and accounts from unauthorized use or misuse.

Smart Labels may at any time and in its sole discretion without prior warning or notice: (a) change, add, or remove features and functionality of the Products and Services or suspend and/or cease providing the Products and Services or any part of the Products and Services. If you are dissatisfied with any material changes to the Products and Services during a subscription, you may terminate your use of the Products and Services as provided herein. Smart Labels is under no obligation to provide any or all features and functionality to your Products and Services and may, at its discretion, discontinue the provision of Software Updates (defined below) to certain Products and Services; (b) disable or suspend your use of the Products and Services including access to your account(s) and any files or other content contained in your account(s) either temporarily or permanently (in accordance with these Terms); (c) set a limit on the number of transmissions you may send or receive through the Products and Services or on the amount of storage space used for the provision of the Products and Services or any part of the Products and Services to you; and (d) pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all User Content from the Products and Services. 

The mobile application will communicate with Smart Labels’ servers regularly to check for available updates, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Software Updates”). Such Software Updates may be in various forms and are generally provided for the purposes of improving the performance, security and reliability of the Products and Services.  By using the Products and Services, you agree to receive all software updates and upgrades that Smart Labels sends to the software included in the Products and Services.  If you disable the automatic upgrade feature, if
applicable, of the Products and Services then certain functionality of the Products and Services may be adversely impacted.  Even if you disable the automatic upgrade feature of your Products and Services, Smart Labels may still implement updates for certain applications within the Products and Services.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any content or information you provide for the Products and Services (“User Content”) that you make available or access through your use of the Products and Services is solely your responsibility. Smart Labels is not responsible for any public display or misuse of your User Content. In connection with operating, maintaining, servicing, upgrading the Products and Services, Smart Labels may view any and all User Content. Further, Smart Labels reserves the right, but has no obligation, to monitor the materials posted publicly and to limit or deny a user’s access to the Products and Services or take another appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which Smart Labels, in its sole discretion, deems unlawful, offensive, abusive, harmful or malicious.

You agree that Smart Labels may, as part of the Products and Services, place or display to you or users of the Products and Services any advertisements, promotion materials or other content and materials or products for promotional purposes.  Smart Labels may send you marketing emails or newsletters and may try to contact you directly by phone for marketing purposes in accordance with applicable laws and its Privacy Policy. 

 
You agree that you will pay for the Products and Services you purchase, and that Smart Labels may charge your credit card or other payment processing account (as chosen by you) for any purchases through the Products and Services. Fees will be billed to the credit card or payment processing account you designate during the registration process. If you want to designate a different payment processing account or if there is a change in your credit card or other payment processing account status, you must change your information, which may temporarily disrupt your access to the Products and Services while Smart Labels verifies your new payment information. You are responsible for timely payment of all fees and for providing Smart Labels with a valid payment method.  Smart Labels may suspend or terminate your Products and Services without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks the
return of payments previously made for Products and Services. You agree Smart Labels may charge interest on all amounts due that remain unpaid for thirty (30) days or more. The monthly interest will equal up to one point five percent (1.5%) of the past due amount or the highest rate allowed by law, whichever is less, until the past due amount and interest is paid. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Smart Labels. Smart Labels may refer your account to a third party for collection in the event of ongoing default. 

Some Products and Services require an ongoing subscription. You agree to pay your subscription fee in advance. Your subscription period is stated in your subscription plan. Your subscription fee will cover the Products and Services covered in your subscription plan. You may have a choice of subscription payment options and may change your selected payment option by notifying Smart Labels in accordance with the subscription plan. If for any reason you need to reactivate a terminated subscription you may be charged a reactivation fee. If you register for the Products and Services under a promotional subscription fee, some additional restrictions may apply. Smart Labels may offer multiple subscription plans with varying levels and Products and Services.

To sign up for a subscription option with recurring payments, if available, you must complete the required registration details online, and select the option to automatically renew your subscription. If you choose a subscription option with recurring payments, you agree that Smart Labels may automatically charge the subscription fee to the credit or charge card provided and associated with your account at the beginning of each period at the frequency you have selected unless and until you cancel the subscription option in your account settings or by canceling your Products and Services. You must cancel prior to the subscription fee being charged to the credit or charge card. If you signed up at a promotional rate any renewals past the promotional period will be charged at the then effective subscription fee. Access to your Products and Services will not be established until Smart Labels or its agent has verified that the credit card information is valid, accurate and that your credit card account is in good standing.  

Prices for Products and Services may change at any time, and Smart Labels does not provide price protection or refunds in the event of a price reduction or promotional offering.  Price updates, but
excluding those that occur at the end of a promotional period, will generally not take place until the renewal date for your subscription, and if you are dissatisfied with the fee changes or additional charges, you may terminate your use of the Products and Services because of the implementation of such fee changes or additional charges and be entitled to a pro-rated refund of any of your paid for, but unused, fees for using the Products and Services.  A notice may be shown when you enter the mobile application for Products and Services notifying you of any pricing change for a reasonable amount of time. Your continued use of the Products and Services following any such notifications, whether or not you have actual knowledge of or review the updated pricing, constitutes your acceptance of such modifications and your agreement to be bound thereby. 

Smart Labels may engage certain affiliates or other third parties (“Service Providers”) to provide technical or other services relating to all or part of the Products and Services, and you hereby agree that such involvement by these Service Providers is acceptable. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or User Content.

17.1    You may request termination of your account and use of the Products and Services at any time by
communicating such request to Smart Labels via your account.  Any unused Products and Services fees, including subscription fees, may not be refundable under this method of termination. Upon termination of your account, certain information may not immediately be deleted from Smart Labels’ system, including without limitation log entries, diagnostics, analytics coming from devices tied to the user, transaction details or information subject to search warrant, subpoenas, or other legal process.

17.2     Smart Labels retains the absolute right and sole discretion to disable, suspend or terminate
your Products and Services at any time (with or without notice) if: (i) you are in breach of any provision herein; (ii) you have demonstrated (regardless of whether directly or through your actions or statements or
otherwise) that you do not intend to comply herewith; (iii) you use the Products or Services in a manner that is, in Smart Labels sole discretion, offensive, abusive, harmful, malicious or similar; (iv) your subscription charges are refused for any reason; (v) you misuse the Products and Services;  (vi) you alter your use the Products and Services or software in such a manner as to infringe upon the intellectual property rights of Smart Labels or any third party; (vii) Smart Labels decides to terminate the provision of the Products and Services or any parts thereof (either worldwide or in the country where you are a resident or from where you
are Using the Products and Services); or (vii) required by law.

17.3     Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Products and Services before the effective date of such termination, and where applicable, you will receive a prorated refund of any of your paid for, but unused, Products and Services fees.

17.4     Termination of the Products and Services may result in the forfeiture and destruction of all information associated with your account, including User Content. You are entirely responsible for backing up your User Content stored with Smart Labels or through the Products and Services to another location outside the Products and Services (e.g., by means of creating local copies) to avoid loss of your User Content.  

Smart Labels owns all right, title and interest in and to the Products and Services, including without limitation all applicable intellectual property rights or other proprietary rights in such Products and Services regardless of whether registered/legally secured or not. Except for the rights expressly granted to you in these Terms, Smart Labels retains all rights in or pertaining to the Products and Services. Smart
Labels does not claim ownership of User Content. You must have the necessary rights to such User Content that you submit through our Products and Services and the right to grant the rights and licenses herein. You grant Smart Labels a worldwide, non exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, and display, the User Content. The rights you grant in
this license are for the limited purpose of operating and providing our Products and Services and as otherwise provided herein and as described in our Privacy Policy.

You are not entitled to use any of Smart Labels’ trade names, trademarks, service marks, logos, domain names, or other distinctive brand features without Smart Labels’ prior written consent. You are not permitted to remove, obscure, conceal, modify or otherwise alter any proprietary rights notices, signs, trademarks, service marks, trade names, logos or other marks of Smart Labels (including copyright and trademark notices) which pertain to, are affixed to or which are contained within the Products and Services and you agree not to use any such signs, trademarks, service marks, trade names, logos or other marks of Smart Labels in a way that is intended to, likely to or foreseeable to mislead others or cause confusion about the owner, license holder or authorized user, as the case may be, of such marks, names or logos.

THE SERVICES (INCLUDING ANY MATERIAL, SOFTWARE AND FIRMWARE UPDATES DOWNLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES) ARE PROVIDED BY SMART LABELS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. SMART LABELS IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE PHONE OR OTHER DEVICE AND THE SOFTWARE THEREON OR ANY LOSS OF DATA THAT IS CAUSED BY OR RESULTS FROM THE DOWNLOAD AND/OR USE OF THE SERVICES. SMART LABELS MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; NOR DOES SMART LABELS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED OR THAT THE SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, SMART LABELS DOES NOT WARRANT THAT THE SERVICES OR THE SMART LABELS SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; SMART LABELS ALSO ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE OR OTHER HARDWARE.  SMART LABELS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. SMART LABELS HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR NON-COMPLIANCE WITH ANY AND ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS. THIS WARRANTY AND WARRANTY DISCLAIMER GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE, OR COUNTRY. OTHER THAN AS PERMITTED BY LAW, SMART LABELS DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS, YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY.

NEITHER SMART LABELS, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMART LABELS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  IN NO EVENT WILL SMART LABELS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO SMART LABELS FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100).  THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SMART LABELS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

You will indemnify and hold harmless Smart Labels and its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Products and Services, (ii) your User Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your rights, violation of any law or the rights of a third-party. Smart Labels
reserves the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

These Terms and the relationship between you and Smart Labels will be governed by the laws of the State of California without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law. To the extent possible under your local law, any dispute arising from or relating to the subject matter of this Agreement will be finally settled by arbitration in Marin County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Products and Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SMART LABELS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 
Notwithstanding the foregoing, Smart Labels will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that if you choose to access the Smart Labels website or mobile app from outside of the United States, other laws may apply and those laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the Terms hereof.

This Agreement is effective until terminated. All provisions of this Terms will survive termination of your account, including warranty disclaimers, indemnity and limitation of liability.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

 
These Terms, including the documents expressly incorporated by reference, constitute the entire agreement between you and Smart Labels with respect to its subject matter and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Smart Labels with respect to its subject matter. 

Smart Labels’ failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Smart Labels. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

BY CREATING AN ACCOUNT OR ACCESSING OUR SERVICES, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE THAT YOUR USE OF OUR SERVICES, INCLUDING
THE WEBSITE AND MOBILE APPLICATION IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THESE TERMS.

If you have any questions about these Terms or would like to provide us with feedback, comments, requests for support, or other communications relating to our Products and Services, please contact our Customer Service at: help@qrsmartlabels.com or (650) 223-5776 or you may direct mail to us at:

Smart Labels

336 Bon Air Ctr #129

Greenbrae, CA 94904

Thank you for visiting Smart Labels!