Last Updated: July 19, 2019

HP Smart (formerly “HP Connected”) provides users with the access, use and/or ability to manage the HP applications, HP offerings and/or HP services that may be available to users, at HP's discretion, to be used in connection with HP printer devices (separately and collectively the “Service”)

Please read these HP Smart Terms of Use ("Terms of Use") carefully before using the Service. These Terms of Use are between the HP entity you select upon registration ("HP") and you (“You”), whether it is for your personal use or if You are registering and using the Service and/or Site, as defined in these Terms of Use, on behalf of your employer. A listing of HP entities supporting the Service in specific countries and their contact details can be found at: (http://www.hpsmart.com/contact/).

These Terms of Use govern your use of the Service. In order to use certain Service offerings, you may need to agree to supplemental or other terms and conditions ("Other Agreements").

To use the Service, you must indicate that you have read these Terms of Use and agree to be legally bound by clicking all of the applicable “I Agree” boxes that appear in the “Create Account” process. Your use of the Service is entirely conditioned on and subject to your compliance with these Terms of Use. By using the Services, you agree you understand and accept the Terms of Use. If you do not agree with the terms of these Terms of Use, do not use the Service.

YOU MAY REVIEW, SAVE OR PRINT ANY PART OF THESE TERMS. WE ENCOURAGE YOU TO PRINT OUT A COPY OF THIS ENTIRE DOCUMENT AND REFER TO IT AS YOU USE THE SERVICE.

INDEX
1.Data Collection
2.Agreement to Contract Electronically.
3.Modifications to these Terms of Use.
4.Modifications to the Service.
5.Other Agreements.
6.System Requirements.
7.Your Additional Representations.
8.No Responsibility for Third-Party Materials.
9.Prohibited Uses.
10.Prohibited Content.
11.Preservation of Your Original Content.
12.Termination of these Terms of Use.
13.Post-termination.
14.DISCLAIMER OF WARRANTIES.
15.LIMITATION OF LIABILITY.
16.Exclusions and Limitations.
17.Indemnification.
18.Links to Third Party Websites; Passwords.
19.Linking to the Site.
20.Trademarks.
21.Intellectual Property Rights.
22.Procedures for Making Claims of Infringement.
23.Compliance with laws, including export laws.
24.Governing Law [US].
25.Subcontractors.
26.Entire Agreement and General.

1.Data Collection
Account and Personal Information. The collection and use of Data shall be governed by the HP Privacy Statement located at www.hp.com/go/privacy.

In order to use the Service, you will need to open a Service account. To open a Service account, you will need to create an HP account here https://login.id.hp.com/login-ui/sign-up. As part of this process, HP is required to collect certain personal information about you. You agree to allow HP to collect and use your personal information (including your name, shipping address, town, county, post code, email, date of Service registration, IP address, unique print identifiers, and other non-personal technical information) and as otherwise described on the HP Smart website or a site related to the Service applicable to your location or country selected upon registration (collectively, the "Site") (such personal information shall be referred to as “Data”). This includes credit card details and account details to process payments in accordance with the Service. HP may retain copies of the Data that you provide while using the Service. Details regarding how those copies will be retained by HP and other details regarding Service features are set forth on the Site or may be available by sending an email via www.hp.com/support. You agree that HP may use such Data in accordance with the provisions of the HP Privacy Statement located at www.hp.com/go/privacy. HP may access and disclose your account information for the following purposes: (i) to provide you with technical support, updates, and address Service technical issues; (ii) to investigate compliance with the terms of these Terms of Use; and/or (iii) to enforce the terms of these Terms of Use. HP may also access and disclose your account information in (i), (ii), and/or (iii) to ensure that the Service is not being used for fraudulent or illegal purposes; you are not acting in such a way as to threaten the security of the Service; or as HP determines is necessary to provide the Service or comply with applicable law.

HP provides individuals with reasonable access to personal information that they provided to HP and the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your Data. To view and change the personal information that you directly provided to HP, you can access and change your personal account information at www.hpsmart.com. You may also contact HP support for the HP entity providing the Service in the country in which you reside or of the country selected upon registration; a listing of HP entities and their contact details can be found at: (https://www.hpsmart.com/contact/).

2.Agreement to Contract Electronically. Your use of the Service signifies your agreement to contract with HP electronically. This means that when you click the button to accept these Terms of Use, you are agreeing to all of the terms in these Terms of Use with the intent of entering into a contract with HP. In addition, HP may communicate with you by e-mail or through the Site. You agree that all such notices and other communications that HP provides to you electronically satisfy any legal requirement that such communications be in writing. You represent that you are at least eighteen years of age and of the required age to legally enter into a contract in your jurisdiction of residence and, if applicable, you are duly authorized by your employer to enter into this contract on behalf of your employer

3.Modifications to these Terms of Use. HP, in its sole discretion, may change these Terms of Use at any time by giving notice to you as follows: At least thirty (30) days prior to the modification taking effect or a shorter period if required to continue to provide the Service, (unless a greater period is required by law in which case such greater period shall apply), notify you of any modifications to the Terms of Use by sending an email message to the email address listed for your account, by posting a notice on the Site, or by any other means required and/or permitted by law. If you do not accept and/or agree the Terms of Use, do not use the Service. Your sole recourse shall be to cease using the Service and cancel it by following the directions in Section 12 of this document. By continuing to use the Service after we post any such changes, you accept the Terms of Use as modified, as of the effective date of the modification. HP's obligations with respect to the Service and the Site are governed solely by these Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly-designated legal notices posted on the Site and/or otherwise communicated to you as required by law. In such circumstances, the expressly-designated legal notice shall be deemed to be incorporated into these Terms of Use and to supersede the provision(s) of these Terms of Use that are designated as being superseded.

4.Modifications to the Service. HP, in its sole discretion, may modify the Service for which no fees or charges are collected by HP, or any part, version or feature thereof, at any time by giving notice to you as follows: At least thirty (30) days prior to the modification taking effect or a shorter period if required to continue to provide the Service, (unless a greater period is required by law in which case such greater period shall apply), notify you of any modifications to the Service by sending an email message to the email address listed for your account, by posting a notice on the Site, or by any other means required and/or permitted by law. HP may terminate the provision of a Service to you if you actively reject the Service or if in the event you are prompted to accept the Service you fail to do so within the period specified for such acceptance. If you do not accept and/or agree to the modifications, then discontinue using the Service and cancel it by following the directions in Section 12 of the Terms of Use. If, after the modification to the Service, you do not comply with any obligation under these Terms, Service may be terminated by HP at its sole discretion and HP will not be liable to you for any modification, suspension or discontinuation of the Service.

5.Other Agreements. In order to use certain Service offerings you may need to agree to supplemental or other terms and conditions Other Agreements. Without limiting the foregoing, applications or other software made available through the Service are licensed, not sold, to you. Unless otherwise specified by HP, your license to each application and other software that you obtain through the Service is subject to your acceptance of the applicable end user license agreement provided to you by HP for such software, unless the application or other software is licensed under a separate end user license agreement entered into between you and a third-party licensor of that software, in which case the terms of that separate end user license agreement will govern.

6.System Requirements. Use of the Service may require one or more of the following: compatible equipment enabled for internet connection, wireless access (if applicable), Internet access and certain software, and may require obtaining updates or upgrades from time to time and any relevant requirements for the Services that HP may inform you from time to time. Your ability to use the Service may be affected by the performance of these factors. You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Service and for paying all costs related thereto. In case you are not able to meet the System Requirements at your own cost, do not use the Service, and your sole recourse shall be to cease using the Service.

7.Your Additional Representations. By using the Service or the Site, you hereby represent that:
i.You have the legal right, capacity and authority of any entity named on the registration page to enter into these Terms of Use with HP and be legally bound by its terms;
ii.Any and all information provided by you to HP in connection with the Service or the Site, including without limitation personal information (such as name, address, credit card number, expiration date, email account, etc.), is true, accurate and complete, and you will notify HP of any change to such information;
iii.You shall not engage in abusive or inappropriate activities with respect to the Service or the Site or create an unreasonably high volume of support requests.
iv.You are responsible for maintaining the confidentiality of your Service account password and you are solely responsible for all activities that occur under your password or accounts, and you agree (a) not to share your passwords, (b) not let anyone else access your passwords or do anything else that might jeopardize the security of your passwords, and (c) notify HP immediately of any unauthorized use of your password or any other breach of security related to the Site or the Service. HP reserves the right to require you to change your password if HP believes that your password is no longer secure; and
v.You are solely responsible for procuring and maintaining (a) the network connections that connect your network to HP's systems, as well as any firewalls, authentication methods, and encryption methods HP deems appropriate, and (b) any hardware located at your site and utilized in connection with the Service. HP assumes no responsibility for the reliability or performance of any connections or hardware.

8.No Responsibility for Third-Party Materials. Certain content, applications, services, products and other materials available via the Service and the Site are from third parties or may include materials from third parties. You agree that HP is not responsible for any such third-party content, applications, services, products or other materials ("third party materials"). HP does not warrant or endorse and will not have any liability or other responsibility for any third-party materials. Your use of such third-party materials is entirely at your own risk and may be subject to additional terms and conditions with the third-party material providers. THIS SECTION 8 IS SUBJECT TO THE EXCLUSIONS AND LIMITATIONS SET OUT IN SECTION 16 AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9.Prohibited Uses. You agree not to use the Service (including, without limitation, any content you may obtain through your use of the Service) or the Site: (a) in a manner that violates any statute, regulation, rule, order, treaty, or other law of any local, state, national, foreign, or international jurisdiction; (b) to stalk, harass, or harm another individual, including, without limitation, through abuse of any violation flagging or reporting mechanisms made available through the Service or the Site; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Service or the Site or servers or networks connected to the Service or the Site. You further agree not to: (e) use any data mining, robots, or similar data gathering or extraction methods in connection with the Service or the Site; (f) attempt to gain unauthorized access to or monitoring of any portion of the Service or the Site or any other accounts, computer systems, or networks connected to the Service or the Site, whether through hacking, password mining, or any other means; (g) take any other action to disrupt the normal use by other users of the Service, the Site or the Internet; (h) use for commercial purposes any Service that is not designated as a commercial version; (i) reproduce, sell, or exploit the Service or the Site; or (j) otherwise, in HP's sole determination, abuse the Service or the Site.

10.Prohibited Content. You are solely responsible for the content you or anyone using your Service account generates, posts, transmits, distributes, prints or otherwise stores through the Service or the Site. You may not use the Service or the Site to generate, post, transmit, distribute, print or otherwise store content that HP believes or reasonably believes: (a) is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate; (b) comprises copyrighted material used without the express permission of the owner or otherwise infringes the proprietary rights of another; (c) violates or otherwise encroaches on the rights of others; (d) contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service or the Site; (e) advocates illegal activity; (f) hacks, destabilizes or adapts the Service or the Site, or alters another website to falsely imply it is affiliated with the Service or the Site; (g) uses any automated means (including robots, spiders or scripts) to access the Service or the Site; (h) broadcasts or sends any form of advertising, mass communication or solicitation to Service or Site users; (i) harasses or harms anyone; (j) you do not have the right to make available under any law or contractual or fiduciary relationship; (k) intentionally or unintentionally violates any applicable law; (l) could subject HP to any legal liability; or (m) provides a link to any of the above (“Prohibited Content”). HP has sole discretion to determine whether content is Prohibited Content. Without prior notice to you, any content may be subject to examination and may be subject to disclosure to law enforcement or to otherwise satisfy any law, regulation or governmental request (including, without limitation, compliance with warrants, court orders and subpoenas). Although HP does not examine or otherwise review all content generated, posted, transmitted, distributed, printed or otherwise stored using the Service or the Site, HP may delete or remove content for any reason, at any time, without notice, unless prohibited by law. By viewing the Site or otherwise using the Service, you may be exposed to content that you consider offensive. You take sole responsibility for such exposure.

11.Preservation of Your Original Content. You understand that your use of the Service may involve (i) transmitting content over various networks, and (ii) changes to the content to conform and adapt to technical requirements of connecting networks or devices. You should always preserve your original content or make back-up copies of such content on your personal systems. You should not use the Service as the only repository for your content.

12.Termination of these Terms of Use. These Terms of Use are effective unless terminated or rejected pursuant to these Terms of Use. These Terms of Use will also terminate upon conditions set forth elsewhere in these Terms of Use.

You may discontinue your use of the Service at any time. To deactivate and hence terminate your Service account, contact HP through the Help or support link on the Site, or call the support number available for your location or country selected upon registration. See the contact details available for your location at: https://www.hpsmart.com/contact/.

In the event of a material breach, including but not limited to (i) infringement of HP's or others intellectual property rights, (ii) nonpayment for the Service when applicable, and (iii) your conduct is harmful to other users of the Service, or to the business of HP, HP will have the right to immediately terminate these Terms of Use on written notice if you fail to remedy the breach within a period of time of seven (7) days after being notified in writing of the details.

IF YOU ARE A CONSUMER RECEIVING THE SERVICE FROM A MEMBER STATE OF THE EUROPEAN ECONOMIC AREA OR SWITZERLAND: As a consumer, you may terminate at any time within fourteen (14) working days from the date you accepted these Terms of Use without penalty. Cancellations may be made by notifying HP by phone (call charges may apply). See the contact details available for your location at https://www.hpsmart.com/contact/. You may also use the model withdrawal form format below, but this is not obligatory:

Withdrawal form
* To [See the contact details available for your location at https://www.hpsmart.com/contact/]
* I/We(1) hereby give notice that I/We(1) withdraw from my/our(1) contract for the provision of the Service(1),
* Ordered on(1) /received on(1),
* Name of consumer(s),
* Name of consumer(s),
* Address of consumer,
* Signature of consumer(s) (only if this form is notified on paper)
* Date

(1) Delete as appropriate

13.Post-termination. Upon termination or suspension of your account, we may remove and discard all content uploaded or otherwise stored by you or on your behalf through the Service. You agree that HP will not be liable to you or to any third-party for any termination of or refusal of access to the Service or for removal or destruction of your content, or for any failure to notify you of the same. Upon termination of your Service account (whether such termination is the result of termination by you or by HP), any rights granted to you under these Terms of Use will terminate and you must immediately cease all access to and use of the Service and related software.

14.DISCLAIMER OF WARRANTIES. EXCEPT TO THE EXTENT PROHIBITED BY LAW: THE SERVICE AND THE SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS; HP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE AND THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS); WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HP MAKES NO WARRANTY THAT THE SERVICE OR THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SERVICE OR THE SITE WILL BE CORRECTED; HP MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE SITE, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THE SITE, OR AS TO THE ACCURACY OF PRINTING ENABLED VIA THE SERVICE; NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE OR THE SITE OR FROM HP, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, THE “HP PARTIES”) SHALL CREATE ANY WARRANTY; AND WITHOUT LIMITING THE FOREGOING, HP WILL NOT BE LIABLE FOR ANY LOSS OF DATA OR OTHER CONTENT, MALFUNCTIONS, ERRORS, CRASHES OR OTHER ADVERSE EFFECTS THAT MAY OCCUR FROM YOUR USE OF THE SERVICE OR THE SITE. THIS SECTION 14 IS SUBJECT TO THE EXCLUSIONS AND LIMITATIONS SET OUT IN SECTION 16 AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15.LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HP BE LIABLE FOR ANY DAMAGES FOR LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER , ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE OR THE SITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE OR THE SITE OR ANY CONTENT OR OTHER MATERIALS MADE AVAILABLE VIA THE SERVICE OR THE SITE OR OTHERWISE IN CONNECTION WITH THE SERVICE OR THE SITE, OR SECURITY BREACHES OR ERRORS RELATED TO THE SERVICE OR THE SITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF HP HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT, EXCEPT AS PROHIBITED BY LAW, IN NO EVENT WILL HP’S AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF CLAIM IN ANY WAY CONNECTED WITH THE SERVICE OR THE SITE EXCEED U.S. $5.00 IN THE U.S, €5.00 EUROS IN EUROPE, RMB 30 IN CHINA, OR THE EQUIVALENT OF U.S. $5.00 IN LOCAL CURRENCY ELSEWHERE.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY CONTENT VIA THE SERVICE OR THE SITE AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT OR OTHER MATERIAL THROUGH THE SERVICE OR THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR PRINTERS OR LOSS OF CONTENT (INCLUDING, WITHOUT LIMITATION, DATA) THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY CONTENT OR OTHER MATERIALS VIA THE SERVICE OR THE SITE OR OTHERWISE FROM YOUR USE OF THE SERVICE OR THE SITE. THIS SECTION 15 IS SUBJECT TO THE EXCLUSIONS AND LIMITATIONS SET OUT IN SECTION 16 AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

16.Exclusions and Limitations. Some jurisdictions do not allow (i) exclusion of implied warranties or limitations on the duration of implied warranties and/or (ii) exclusion or limitation of particular types of damages. Accordingly, the disclaimers and/or limitations and/or exclusions above may not apply to you in their entirety.
IF YOU ARE RECEIVING THE SERVICE FROM A MEMBER STATE OF THE EUROPEAN ECONOMIC AREA OR SWITZERLAND: NOTHIN HEREIN LIMITS ANY LIABILITY WHICH CANNOT LEGALLY BE LIMITED, INCLUDING BUT NOT LIMITED TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATIONS AND BREACH OF STATUTORY TERMS THAT CANNOT BE EXCLUDED BY CONTRACT.
IF YOU ARE A CONSUMER RECEIVING THE SERVICE FROM A MEMBER STATE OF THE EUROPEAN ECONOMIC AREA OR SWITZERLAND:
HP will honor all statutory warranties required by applicable law.
1.HP is responsible to You for foreseeable loss and damage caused by HP. If HP fails to comply with this Agreement, HP is responsible for loss or damage you suffer that is a foreseeable result of HP breaking this Agreement or HP failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both HP and You knew it might happen, for example, if You discussed it with HP during the sales process.
2.HP does not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of Your legal rights in relation to the Service or the Site.
3.HP is not liable for business losses. If You use the Service or the Site for any commercial, business or re-sale purpose HP will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

IN AUSTRALIA, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: – to cancel your service contract with us; and
– to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service. If you are provided with a repair, stored data may be lost during the repair. If you wish to receive support or claim a remedy under these Terms of Use, or under the Australian Consumer Law, you should contact HP PPS Australia Pty Ltd using the contact information at https://www.hpsmart.com/contact/

IN NEW ZEALAND, this Service comes with guarantees that cannot be excluded under New Zealand consumer laws. New Zealand Consumers who are purchasing goods for personal, household or domestic use or consumption and not for the purpose of a business ("Consumers") are entitled to a repair, replacement or refund for a failure and compensation for other reasonably foreseeable loss or damage. Your rights under these Terms of Use are in addition to Consumers rights and remedies under New Zealand consumer laws. If you are provided with a repair, stored data may be lost during the repair.

17.Indemnification.You agree to indemnify, defend, and hold harmless the HP Parties from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including without limitation, reasonable attorneys' fees) that such HP Parties may incur as a result of or arising from your (or anyone using your Service account) violation of these Terms of Use. HP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with HP's defense of such claim.

18.Links to Third Party Websites; Passwords.
(a) Links from the Service and the Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Site. HP does not control and is not responsible for such third-party websites (or the products, services, content or other materials made available through them), and does not endorse or make any representations about such third-party websites and the products, services, content or other materials provided via them. The HP Privacy Statement is not in effect at third-party websites and HP is not responsible for any use of your information by third-party websites. If you decide to access any third-party websites linked to from the Service or the Site, you do so entirely at your own risk and may be subject to additional terms and conditions. (b) You may log into the Site and the Service by using your login credentials for an existing account on various third-party websites, which may change from time to time, including, but not limited to, Twitter, Facebook, and LinkedIn ("Third Party Site Login Credentials") and, if applicable, configure your privacy settings in your third-party website account to permit your activities on the Site to be shared with your contacts in your third-party website account (as further detailed in the HP Privacy Statement at www.hp.com/go/privacy). Notwithstanding the foregoing, you agree that your use of any third-party website through which you log in to the Site and Service using your Third Party Site Login Credentials is governed by the terms and conditions of such third-party website’s terms of use and privacy policy, including, but not limited to, such third-party website’s password and account security policies and user-generated content posting and acceptable use policies.

19.Linking to the Site. You may create links to the Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent HP's written authorization otherwise, a website that links to the Site:
* Shall not replicate, any Service or Site materials (including any HP logos);
* Shall not create a browser or border environment around any Service or Site materials;
* Shall not imply that HP endorses such website or any products, services, or content available through such website;
* Shall not misrepresent its relationship with HP;
* Shall not present false or misleading information about HP, its products, or its services;
* Shall not contain Prohibited Content;
* Shall not contain content that reasonably could be considered to be defamatory or libelous; hateful; racially, ethnically, religiously, or otherwise biased or offensive; unlawfully threatening or harassing to any person or entity; vulgar, pornographic, or obscene; or invasive of another person's privacy; and
* Shall not contain any content that is inappropriate for persons under thirteen (13) years old.

20.Trademarks. “HP Smart”, “HP” and any other product or service name, slogan or logo contained in the Service or on the Site are trademarks of HP and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HP or the applicable trademark holder. You may not use any metatags or any other hidden text utilizing any name, trademark, or product or service name of HP without HP's prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of HP and may not be copied, imitated, or used (in whole or in part) without HP's prior written permission.

21.Intellectual Property Rights. You will not gain by virtue of your use of the Service or the Site any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by HP. You may not reverse engineer, decompile, or disassemble the Service, except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation or it is expressly provided for in these Terms of Use.

22.Procedures for Making Claims of Infringement. HP respects the intellectual property rights of others. Pursuant to applicable law, HP has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Service or the Site, please provide written notice to the following HP agent or other designated party for notice of claims of infringement:

HP Inc. – Global Legal Affairs
1501 Page Mill Road
Palo Alto, CA 94304, USA
Tel: 1-(650) 857-1501
Fax: 1-(650) 236-9855
Email: dmca_copyright_notice@hp.com
Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to HP's designated agent, as they will be deleted upon receipt.

23.Compliance with laws, including export laws. You agree to comply with all applicable laws and regulations. Without limiting the foregoing. By using the Service or the Site you are responsible for compliance with U.S. and other applicable countries' export control and other applicable laws and regulations ("Export Laws"). You will comply with all Export Laws to ensure that the Service and any other materials, including but not limited to technical data, are not (1) exported or re-exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including without limitation nuclear, chemical, or biological weapons proliferation. Without limiting the foregoing, you agree that you will not use the Service or the Site to export or re-export any material whatsoever, including without limitation technical data (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list. If you choose to access or use the Service outside your country of residence, or the country selected by you upon registration (as applicable) (i) HP will provide you the version of the Service in the language that it makes available based on your registration and location; (ii) you agree to comply with all applicable laws and regulations where you use the available Service; and (iii) you agree you are responsible for any and all damages and HP shall not be held responsible for your use of the available Service in English or in such other language.

24.Governing Law [US]. These Terms of Use shall be construed under, and governed by, the laws of the State of California, U.S.A., without regard to its choice of law principles. All lawsuits and other actions arising from or related to these Terms of Use, the Service or the Site shall be brought in the federal or state courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts. If you are a consumer, in the event required by applicable law in your location, any disputes arising in connection with the HP Smart Terms of Service may be governed by the laws and the courts of your country and locality.

Governing Law and Online Dispute Resolution [EMEA]. Any disputes arising out of or otherwise relating to these Terms, whether based on contract, tort, fraud, or any other legal theory, shall be governed by the law of Your country (where required by local law) and in all other cases by the law of the country selected by You upon registration without regard to its conflict-of-law principles and the courts of that country will have jurisdiction on any dispute arising from the Service. HP complies with the Geo-blocking regulation by giving the possibility to residents in the European Economic Area and Switzerland to contract Services in any country of this area. Where France is selected, Commercial Court of Paris (France) shall have exclusive jurisdiction over any dispute with non-consumers arising from this Agreement, its interpretation, its performance, its termination or related to this Agreement, including in case of summary or expedite proceedings. In addition, please note that You may access the Online Dispute Resolution (ODR) Platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform that is specifically designed to help consumers who have bought goods or services online and subsequently have a problem with that online purchase. It allows consumers to submit their contractual dispute and conduct the Alternative Dispute Resolution (ADR) procedure online. The ODR platform transmits disputes only to ADR bodies who are included in the national lists of ADR bodies that comply with the binding quality requirements established by the ADR Directive. Further, we remind you that you may contact HP at hpsmart-eu-feedback@hp.com. If You are a consumer based in France, in accordance with the provisions of article L.612-1 of the French Consumer Code, if the dispute cannot be resolved directly with HP, You may refer the matter to the Consumer Mediator free of charge in order to resolve amicably the dispute. In this respect, you can use the mediation service proposed by HP by contacting: Medicys, 73 boulevard de Clichy 75009 Paris, tel : 01 49 70 15 93, e-mail : contact@medicys.fr, http://www.medicys.fr. Recourse to mediation is not compulsory but only proposed in order to resolve disputes by avoiding court proceedings.

Governing Law [Australia] These Terms of Use shall be construed under, and governed by, the laws applicable in the State of NSW, Australia, without regard to its choice of law principles. The parties hereby irrevocably submit to the jurisdiction of Australian courts of law.

Governing Law [Rest of Asia-Pacific] These Terms of Use shall be construed under, and governed by, the laws of the country of the HP entity accepting your registration form, without regard to its choice of law principles. The parties hereby irrevocably submit to the jurisdiction of the courts in that country. If you are a consumer, in the event required by applicable law in your location, any disputes arising in connection with the HP Smart Terms of Service may be governed by the laws and the courts of your country and locality.

25.Subcontractors. In connection with the Service, HP may use third-party data centers to store, monitor, and maintain the hardware equipment on which your personal information is stored ("Data Centers"). HP may also use subcontractors under these Terms of Use in the performance of the Service, including, without limitation, credit card processing services. With respect to all subcontractors which HP utilizes in connection with the Service (including, without limitation, the "Third Party Vendors"), HP will assume the same liability and responsibility for subcontractors' conduct and performance as if HP itself performed all of the subcontractors' services. You will not incur any additional fees, costs, or charges with regard to any subcontract.

26.Entire Agreement and General. The Terms of Use and other applicable HP terms expressly referenced in these Terms of Use or on the Site, constitute the entire understanding between you and HP relating to the Service and the Site and will supersede any previous communication, representation or agreement whether oral or written. HP's failure to exercise any right under these Terms of Use will not constitute a waiver of such right. You may not assign these Terms of Use by operation of law or otherwise. All HP affiliates are third-party beneficiaries with respect to the provisions in these Terms of Use that reference them. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the Parties' intentions as reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect. All terms in these Terms of Use that by their nature would survive termination (including but not limited to those related to the HP Parties’ liability and to applicable law and venue) will survive termination.