Terms of Use

EngageSmart Web Site Terms of Use

This Site is Copyright © 2021 EngageSmart, LLC and/or its affiliates. All rights reserved.

These EngageSmart Web Site Terms of Use (“Terms”) govern all EngageSmart.com web pages (“Site”).

By accessing, visiting, or otherwise using the Site, you agree to be bound by the Terms.

 

Your Use of Our Site

EngageSmart, LLC (“EngageSmart”) is committed to providing a safe and positive experience to all users on our Site. To help us do that, we need you to follow a few basic rules when you’re here. Don’t worry, it’s not very complicated.

When using our Site, you must comply with all applicable laws, including federal, state, and local laws, the laws of your jurisdiction, and laws regarding the transmission of technical data.

You also agree not to:

  • Display, send, receive, or store obscene or inappropriate content.

  • Threaten, harass, stalk, defame, or defraud any person or entity.

  • Violate copyright, trademark, or other intellectual property laws.

  • Advertise, promote, endorse, or market, directly or indirectly, any third party commercial products, services, solutions, or other technologies.

  • Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of thirteen (13) in any circumstance.

  • Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”).

  • Send deceptive or false source-identifying information, including “spoofing” or “phishing.”

  • Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes.

  • Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Site. •

  • Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including but not limited to Denial of Service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).

  • Engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy.

  • Authorize, permit, enable, induce, or encourage any third party to do any of the above.

If you violate these Terms, your access to the Site may be terminated immediately and without notice. In other words, just be respectful and use the Site for its intended purpose.

Privacy

EngageSmart’s Privacy Policy, including our Cookie Policy, describes how we will protect your privacy and handle your personal information when using our Site. By using the Site, you agree that EngageSmart can use such information in accordance with this policy.

User Accounts and Profiles

In order to access certain services or features of our Site, you may be required to create an account, or profile.

We may, in our sole discretion, (i) reject or remove anything you post, (ii) restrict, suspend, or terminate your access to any or all of the Site, or (iii) cease to provide and maintain the Site, at any time, for any or no reason, with or without prior notice, and without liability. Upon doing so, we may retain or delete any information or content that you provided.

 

Our Site Content

Our Site contains content owned, operated, licensed, and/or controlled by EngageSmart that is protected by copyright, trademark, trade secret, or other proprietary rights (“Site Content”). EngageSmart or its licensors retain all rights in such Site Content. EngageSmart grants you a limited, revocable, non-sublicensable right to view the Site Content solely for your internal use of the Site. Additionally, certain Site Content may include, but is not limited to, icons, photographs, white papers, product documentation, technology overviews, and implementation guides.

The trademarks, logos, and service marks (“Marks”) displayed on our Site are the property of EngageSmart or other third parties. EngageSmart is a registered trademark of EngageSmart and/or its affiliates. You are not permitted to use these Marks without the prior written consent of EngageSmart or the third party that owns the Mark.

If you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest

  • A description of the copyrighted work or other work that you claim has been infringed

  • A description of where the material that you claim is infringing is located on our sites, networks or other repositories

  • Your address, telephone number, and email address

  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Our Designated Agent for claims of copyright infringement is:

Nelson Blitz, Esq.
2883 Macao Drive
Herndon, VA 20171
Attn: Copyright Agent
Email: nblitz@invoicecloud.com

If the disputed materials were posted by a third party identifiable through reasonable efforts, we will try to provide notice to the third party of the charge. If the third party responds, we will provide you with a copy so that you may take any other steps you may consider appropriate.

Disclaimers and Limitations of Liability

Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of EngageSmart or any third party. All rights not expressly licensed are reserved.

Although we have attempted to provide accurate information on our Site, we assume no responsibility for the accuracy of the information.

We do not endorse or assume responsibility for user conduct or what users submit to our Site. Nothing in these Terms requires us to monitor the Site or to modify or remove any materials or information.

Our Site may contain links to third party sites. We may provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content or co-branding. Access to any other site linked to this Site is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites.

The Site and all information on the Site are subject to applicable federal, state, and local laws, and U.S. export control laws, and may also be subject to the laws of the country where you reside. We reserve the right to investigate and take appropriate action against anyone who, in EngageSmart’s sole discretion, is suspected of violating any applicable law, including, without limitation, reporting you to law enforcement authorities.

THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, ENGAGESMART DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

ENGAGESMART SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY RELATED SERVICES OR CONTENT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ENGAGESMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENGAGESMART DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR ANY RELATED SERVICES OR CONTENT.

ALL USE OF THIS SITE IS AT YOUR OWN RISK.

About Our Terms

We reserve the right to change these Terms from time to time at our sole discretion. Please check this page periodically for any updates.

These Terms are governed by the laws of the Commonwealth of Massachusetts, U.S.A., excluding any conflict of laws rules or principles.

If there is any dispute relating to the Site or these Terms, you and EngageSmart agree to exclusive personal jurisdiction and venue in the state and federal courts of Boston, Massachusetts, U.S.A.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck, and the remaining provisions will remain in full effect.

If you or others violate these Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.

These terms were last updated on 2/4/21 and are effective immediately.