[Theaxiom]

That's like saying that if Mark Zuckerberg had a MySpace account that they could sue him for creating Facebook. No-where in the terms of service does it say anything about creating a similar service, even my attorney agrees that there is no basis there.

"They suggest that your previous association with them gave them rights in certain intellectual property (presumably, copyright and/or patent) which you are using in your website. If your code is wholly original, they may claim copying if the design or approach is derived from a prior work they (or their predecessor in interest) created. However, that does not extend to the concept or ideas."

[wgj]

The C&D indicates you had a developer account with Smarterer. That seems significantly different from Mark Zuckerberg having a MySpace account.

[Theaxiom]

I never had a developer account with Smarterer. They shut that down before I could ever apply.