Terms of Service

Effective Date: July 17, 2024

Welcome
1. Welcome to SMG, a customer experience measurement and analysis platform. This document and any documents referred to within it (collectively, the “Terms of Use“) set out the terms of your relationship with us when you access and use the smg.com website and any content that we make available through the smg.com website (collectively, the “Site“). It is important that you read and understand the Terms of Use before using the Site.
2. The Site is operated by Service Management Group, LLC (“SMG“, “we“, “our” or “us“). If you need to contact us about the Site or these Terms of Use, please email us at legal@smg.com.
3. PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF SERVICE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 17.1 (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 17.2 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 17.1, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS OF SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.
Your relationship with us
1. By using and accessing the Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.
2. If you sign up for our products or services, we will enter into a separate agreement with you which will set out the terms and conditions upon which you may access and use such products or services.
Information about you
Please read our Privacy Notice to understand how we collect, use and share information about you.
Your rights to use the Site
1. The Site is intended for business to business use and is not suitable for use by individuals in their personal capacities.
2. The materials and content comprising the Site belong to us or our third party licensors, and we hereby give you permission to access, view and use these materials and content for the sole purpose of using the Site in accordance with these Terms of Use.
3. Your right to use the Site is personal to you and you are not allowed to give this right to any other person. Your right to use the Site does not stop us from giving other people the right to use the Site.
4. Unless allowed by these Terms of Use and as permitted by the functionality of the Site, you agree:
  1. not to copy, or attempt to copy any portion of the Site;
  2. not to give or sell or otherwise make available any portion of the Site to anybody else;
  3. not to change, or attempt to change any portion of the Site in any way; and
  4. not to look for or access the code of any portion of the Site that we have not expressly published publicly for general use.
5. You agree that all confidential information, copyright and other intellectual property rights in the Site belong to us or the people who have licensed those rights to us.
6. Other than as set out in these Terms of Use, we do not give you any other rights in the Site. You agree that you have no rights in or to any portion of the Site other than the right to use it in accordance with these Terms of Use.
7. SMG, the SMG logo and all related names, logos, product and service names, designs and slogans are trademarks of SMG or its affiliates or licensors. You must not use such marks without the prior written permission of SMG. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
Rules of Acceptable Use
1. In addition to the other requirements within these Terms of Use, this section describes specific rules that apply to your use of the Site (the “Rules of Acceptable Use“).
2. When using the Site you must not:
  1. copy and/or distribute any content on the Site;
  2. bypass, circumvent, disable or otherwise interfere with any security related features of the Site;
  3. take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
  4. give any false or misleading information, impersonate any person or hire or attempt to hide your identity;
  5. access the Site if we have suspended or banned you from using it;
  6. modify, interfere, intercept, disrupt or hack the Site;
  7. introduce viruses, Trojans, worms, logic bombs, invalid data or other material which could harm the Site or the equipment of any user of the Site;
  8. collect any data from the Site other than in accordance with these Terms of Use (including by any automated or non-automated “scraping”); or
  9. use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the Site in a manner that send more request messages to the Site than a human can reasonably produce in the same period of time (except that we grant the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials but not caches or archives of such materials).
3. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use, and may result in our taking all or any of the following actions (with or without notice):
  1. immediate, temporary or permanent withdrawal of your right to use the Site;
  2. issuing a warning to you;
  3. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
  4. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4. The responses described in paragraph 5.3 are not exhaustive, and we may take any other action we reasonably deem appropriate.
Ending our relationship
1. If at any time you do not feel that you can agree to these Terms of Use or any changes made to the Terms of Use or the Site, you must immediately stop using the Site.
2. We may immediately end your use of the Site if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Site including these Terms of Use.
3. We may also withdraw the Site at any time.
4. Nothing in this paragraph 6 affects any legal rights you may have under the law of the country in which you are resident.
Security
1. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.
Linking to the Site and social media features
1. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
2. The Site may provide certain social media features that enable you to:
  1. link from your own or certain third-party websites to certain content on the Site; and
  2. cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.
    You may use these features solely as they are provided by us and solely with respect to the content they are displayed with.
3. Other than as set out in these Terms of Use or permitted by the functionality of the Site, you must not:
  1. establish a link from any website that is not owned by you.
  2. cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  3. link to any part of the Site other than the homepage;
  4. otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.
4. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
5. We may disable all or any social media features and any links at any time without notice in our discretion.
Links to third party websites and information
1. The Site may contain links to third-party materials that are not owned or controlled by SMG. These links are provided for your convenience only. If you access a third-party website or service from the Site, you do so at your own risk, and you understand that these Terms of Use and our Privacy Notice do not apply to your use of such sites.
Site content
1. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
2. The Site may include content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SMG, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SMG. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Our liability/responsibility to you
1. YOUR USE OF THE SITE AND ANY CONTENT ON THE SITE IS AT YOUR OWN RISK. THE SITE AND ANY CONTENT ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER SMG NOR ANY PERSON ASSOCIATED WITH SMG MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THE CONTENT ON THE SITE, OR THAT THEY WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY CONTENT ON THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
2. SMG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
3. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4. SMG, ITS AFFILIATES AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, OR ANY CONTENT ON THE SITE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
5. IN NO EVENT SHALL SMG, ITS AFFILIATES AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SMG HEREUNDER OR $50.00, WHICHEVER IS GREATER.
6. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnity
You agree to defend, indemnify and hold harmless SMG, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, any use of the content on the Site other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
Changes to the Site
1. We may update the content on the Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
2. We are constantly updating and improving the Site as our products and services develop. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and the Site.
3. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Site, or feature relating to the Site (“changes to the Site“). These changes to the Site, which may occur with or without prior notice, may affect certain features and content available through the Site, including deleting and/or removing such content and features.
Changes to the documents
1. We may revise these Terms of Use from time to time but the most current version will always be at https://smg.com/smg-services-terms-of-service/
2. Every time you wish to use the Site, please check these terms to ensure you understand the terms that apply at that time.
3. When we change these Terms of Service in a material manner, we will update the “Effective Date” at the top of this page and provide reasonable notice to you that material changes have been made to these Terms of Service. Your continued use of the Site after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms of Service or any future Terms of Service, do not use or access (or continue to access) the Site.
Documents that apply to our relationship with you
1. The then-current version of the Terms of Use contains the only terms and conditions that apply to our relationship with you at any time.
2. We intend to rely on these Terms of Use as setting out the written terms of our agreement with you for the provision of the Site. If part of the Terms of Use cannot be enforced then the remainder of the Terms of Use will still apply to our relationship.
3. If you do not comply with these Terms of Use and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
Governing Law
1. These Terms of Service are governed by and construed and enforced in accordance with the laws of the State of Missouri (United States), without giving effect to any choice or conflict of law provision or rule.
2. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 17 and preempts all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Missouri for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Missouri is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration; Class Action / Jury Trial Waiver
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SMG.
1. Arbitration. This Section 17.1 (the “Arbitration Agreement“) applies to and governs any dispute, controversy, or claim between you and SMG that arises out of or relates to, directly or indirectly: (i) these Terms of Service, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) access to or use of the Site, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Site; or (iv) any other aspect of your relationship or transactions with SMG, directly or indirectly, as a consumer (“Claim” or collectively, “Claims“). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms of Service.
  
  If you are a new SMG user, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting these Terms of Service by emailing SMG at legal@smg.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms of Service, including the provisions regarding controlling law or in which courts any disputes must be brought.
  
  For any Claim, you agree to first contact us at legal@smg.com and attempt to resolve the dispute with us informally. In the unlikely event that SMG has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator“), under the Expedited Procedures then in effect for AAA (the “Rules“), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or Missouri, unless you and SMG agree otherwise. If you are using the Site for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and SMG agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms of Service, any provision of these Terms of Service, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
  
  Nothing in this Section shall be deemed as: preventing SMG from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
  
  If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration
2. Class Action / Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND SMG AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER SMG USERS. YOU AND SMG FURTHER AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND SMG ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
Notice to California Residents
1. The provider of the Site is Service Management Group, LLC, 4049 Pennsylvania Avenue, Suite 203/PMB 1063, Kansas City, MO 64111 USA. We can be reached at 1 (240) 376-2296. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Terms of service