Thank you for visiting Smart Finances (“Website”). You must be 18 years of age or older to access Our Website or request information pertaining to products and services on Our Website. This Website is intellectual property of Smart Finances (“Company,” “We,” “Our” or “Us”). By accessing this Website you agree to the following terms and conditions applicable to your access and use of the Website (Collectively “Terms of Use” or “TOU”). The posted Privacy Policy and any and all other posted operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated into this Terms of Use (collectively “Agreement”). Please review the Agreement carefully. If you do not agree with all of the terms and conditions contained within the Agreement, you are not authorized to use the Website or purchase products from the Website in any manner or form whatsoever. We reserve the right to deny service and/or access to Our Website to any person in Our sole and absolute discretion. We may terminate your access to the Website at any time, for any reason or no reason, including without limitation for any violation of this TOU.
INTERNET TECHNOLOGY, APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TO WEBSITE AND THESE TERMS OF USE OR THE AGREEMENT AT ANY TIME. CONTINUED USE OF THE WEBSITE AFTER SUCH CHANGE IS POSTED CONSTITUTES YOUR AGREEMENT TO ANY NEW OR MODIFIED PROVISION OF THE AGREEMENT THAT MAY BE POSTED ON THE WEBSITE.
1. Marketing Disclosure and Disclaimer of Content.
The Website posts general articles about a variety of subjects, services and products. All information provided on the Website is for informational and entertainment purposes only. These articles and information have not been reviewed or approved by any government agency including the FDA and are not intended to diagnose or cure any illness, provide financial or legal advice, or to be used as a replacement for professional counsel. Some of the articles are sponsored by third party advertisers and as to those articles we receive monetary compensation from the third parties mentioned in the articles to the extent that customers click through to the advertiser’s website or complete a sale on the advertiser’s websites. You will know which of these articles are sponsored by third parties as a disclosure “Sponsored Content” will appear at the end of the Article.
The products and services discussed on the Website which are sponsored are the property of third parties. We do not make any representations regarding the use of such products or services and your individual results may vary from the experiences described in the articles on the Website. Any opinions, advice, statements, or other information expressed or available by third parties, including other users, are those of the respective author(s) or distributor(s) and not Ours. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement on the Website by anyone other than authorized employees in their employment capacity. When you click on a link in a Sponsored Article it will take you to an advertiser’s website or page. It is important that you review all the information on the linked website including the terms and conditions and privacy policies as they may be substantially different from Our privacy policy. These websites and pages are owned by the same owners of the products or services.
2. Disclaimer of Warranties.
GENERAL DISCLAIMER. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OR FINANCIAL OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION, INCLUDING THE CONSULTATION WITH OTHER THIRD PARTIES AND EXPERTS AS APPROPRIATE, BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK.
INVESTMENT & FINANCIAL INFORMATION DISCLAIMER.
Any and all content on Our Website related to financial or investment is not advice provided by an experienced financial investment advisor nor does it create any financial advisor relationship. You should consult the appropriate licensed professional before making any financial investment or conduct your own independent research and consult with your personal investment advisor before making any investments or financial decisions. You agree that We shall not have any liability for your financial/investment decisions based upon or originating from the content on Our Website.
FEDERAL DRUG ADMINISTRATION DISCLAIMER.
The content on Our Website is general information only and it has not been reviewed, evaluated or approved by the Federal Drug Administration. It should not be used to diagnose, treat or cure any medical or health condition. You should not discontinue any medication prescribed by your physician based upon any information obtained on or through Our Website. You should always consult with your doctor or other health care provider before beginning, changing or stopping any medication or treatment. This is particularly true if you have a serious medical condition, are pregnant or are contemplating treatment for your children. You agree that We shall not have any liability for your medical, health, dietary or nutritional decisions based upon any information or products obtained on or through Our Website.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
3. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO ACCESS TO OR USE OF OUR WEBSITE OR ANY SERVICE OR PRODUCT OBTAINED ON OR THOUGH OUR WEBSITE EVEN IF WE AND/OR PARTIES RELATED TO US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL OUR LIABILITY OR ANY OF THE PARTIES RELATED TO US EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In the event you are a resident of a state that does not allow the exclusion or the limitation of liability for consequential or incidental damages then Our liability and damage assessment shall be limited to the fullest extent permitted by law.
4. INTERNATIONAL MARKETING DISCLAIMER.
Information pertaining to any products or services provided on the Website is intended for residents throughout the world. The Website, the posted articles and any sponsored content may contain information about products that may or may not be available in a particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries. The products advertised on this Website have not been approved or cleared by a government regulatory body. You should not construe anything on the Website as an endorsement of any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located. We do not verify any claims made by persons who contribute to or advertised on or through Our Website.
5. INTELLECTUAL PROPERTY RIGHTS.
All trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and We own a copyright in the selection, coordination, arrangement and enhancement of such Content. All rights to such Content are reserved to their respective copyright owners. Except as permitted by the fair use privilege under United States copyright laws, you may not upload, post, reproduce or distribute in any way the Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content available on Our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without Our prior written permission, is strictly prohibited.
6. Indemnification.
You agree to indemnify and hold Company, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website and products purchased there from; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity.
7. Third Party Links and Websites.
The Website may contain links to other websites on the Internet that are owned and operated by third parties. We do not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Us of the applicable website or any association with the website’s operators. Because We have no control over such websites and resources, you agree that We are not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that We shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.
8. BINDING ARBITRATION.
Except as provided below, all disputes, controversies and claims related to this TOU (each a “Claim”), any controversy or claim arising out of or relating to the use of this Website, or to any acts or omission for which you may contend this Website is liable, including but not limited to any controversy or claim as to arbitrability ("Dispute"), will be settled finally and exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, we will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse us for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND WE WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU HAVE 30 DAYS IN WHICH TO NOTIFY US IN WRITING THAT YOU DO NOT AGREE WITH THIS SECTION 8 OR OTHERWISE WAIVE YOUR OBJECTION TO ENFORCEMENT OF THIS PROVISION BY US. The arbitration will take place in a mutually convenient location agreed to between you and We determined within ten (10) days following receipt of an arbitration notice. In the absence of an agreement, the arbitration will be conducted in the county of Our primary office. WAIVER OF RIGHT TO CLASS ACTION PARTICIPATION AND PRIVATE ATTORNEY GENERAL ACTIONS: YOU AGREE THAT YOU WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN ANY CLASS ACTION OR BECOME A CLASS REPRESENTATIVE FOR A CLASS ACTION. YOU FURTHER WAIVE ALL RIGHT OR AUTHORITY TO BRING AN ACTION AS A PRIVATE ATTORNEY GENERAL; AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
9. General Provisions.
9.1 Governing Law; Jurisdiction
This TOU is governed by, and will be construed under, the laws of the United States of America and the law of the State of New Jersey, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. All disputes arising out of or related to your use of Our Website shall be subject to the exclusive jurisdiction of the state and federal courts located within New Jersey and you agree to submit to the personal jurisdiction and venue of such courts.
9.2 Revision and Updates
This TOU may only be modified and revised by Us. Your continued use of the Website after such posting constitutes your acceptance and agreement to the modification or revision.
9.3 Independent Parties.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Us as a result of this TOU or your use of the Service.
9.4 Assignment.
We may assign this TOU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the TOU without Our prior written consent, and any unauthorized assignment by you shall be null and void.
9.5 Severability.
If any part of this TOU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the TOU shall be given full force and effect.
9.6 No Waiver.
Our failure to enforce any provision of this TOU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect Our right of any party to enforce each and every such provision thereafter.
9.7 Equitable Remedies.
You hereby agree that We would be irreparably damaged if the terms of this TOU were not specifically enforced, and therefore you agree that We shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this TOU, in addition to such other remedies as we may otherwise have available to Us under applicable laws.
9.9 Entire Agreement.
This TOU constitutes the entire agreement between you and Us with respect to Our Website and/or Service and Products advertised thereon and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Us with respect to the Website and/or Services and/or Products.