terms & conditions
Terms and Conditions
Last updated: July 3rd, 2017
Please read these Terms and Conditions carefully. Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms and Conditions (the “Terms”). These Terms are applied to all visitors, users and others who access or use the Service. By accesing or using the Service you agree to be bound by these Terms. If you disagree with any part of these terms then you may not access the Service.
DESCRIPTION OF WEBSITE AND APP SERVICES OFFERED
The system is a E-commerce platform which has the following description:
The purpose of a Smartr app, Smartr website, and Smartr Marketing is to provide a marketplace where users also have the opportunity to generate passive earnings by “passing the app” to others or directing customers to Smartr websites, and taking part in the profit-sharing benefits of sales through the app.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this Terms. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member”.
The user and/or a member acknowledges and agrees that Services provided and made available through our website are the sole property of The Smartr App Company and Smartr Marketing. At its discretion, The Smartr App Company, LLC. and Smartr Marketing may offer additional website Services or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services, all updated, modified or revised Services unless otherwise stipulated. The Smartr App Company, LLC. and Smartr Marketing does hereby reserve the right to cancel and cease offering any of the aforementioned Services. You, as the end user and/or member acknowledge, accept and agree that The Smartr App Company, LLC. and Smartr Marketing shall not to be held liable for any such updates, modifications, revisions or discontinuance of any of Our Services and/or products. Your continued use of the Services provided your acceptance of such updates, changes and modifications. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that Services offered shall be provided “AS IS” and such The Smartr App Company, LLC. and Smartr Marketing shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving our Services under the laws and statues of the USA or other applicable jurisdiction.
Users who wish to register with Smartr Marketing are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Site, parts of it or our Services. We are not responsible for any failure in providing the Services, which result from information that is not true, accurate, current and complete. You further confirm by registering that you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct.
When you register, Smartr Marketing may collect information such as your name, e-mail address, birth date, gender, occupation and personal interests. You can edit your account information at any time.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the Terms and Conditions. It shall be a responsibility to notify Smartr Marketing immediately any unauthorized access of use of your account or password or any other breach of security. If you ever find out or suspect that someone access your account without authorization, you are advised to inform us immediately. The Smartr App Company, LLC. and Smartr Marketing shall not be held liable for any loss and/or damage arising from any failure to comply with this term of use.
Visiting www.thesmartrapp.com or www.thesmartrmarketingapp.com or sending emails to The Smartr App Company, LLC. or Smartr Marketing constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account, username, password and security
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Smartr App Company, LLC. and Smartr Marketing is not responsible for third party access to your account that results from theft or misappropriation of your account. The Smartr App Company, LLC. and Smartr Marketing and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You warrant that you will abide by, without limitation, all applicable local, national and international laws and regulations with respect to your use of the Website and not interfere with the use and enjoyment of the Website by other users or with the operation and management of the Website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Website, including, without limitation, information required to be provided through The Smartr App Company, LLC. or Smartr Marketing’s Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, The Smartr App Company, LLC. and Smartr Marketing reserves the right to terminate your access and use of the Website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, or defame or otherwise harm any party through your use of the Website.
Some areas of the Service allow Members to post data and other information (“Member Content”). You are solely responsible for your Member Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) within any network on The Smartr App Company, LLC. or Smartr Marketing website, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content and we have no responsibility in connection therewith. Content is submitted through websites or apps (ratings, reviews, compliments, invitations, check-ins, messages, and information that user publicly displays or displayed in your account profile).
You agree not to post Member Content that:
1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person
2. may create a risk of any other loss or damage to any person or property
3. may constitute or contribute to a crime or tort
4. contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable
5. contains any information or content that is illegal
6. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships
7. contains any information or content that you know is not correct and current. You agree that any Member Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy.
The Buyer agrees to pay the purchase price; or monthly recurring purchase price (if applicable) to the Service Provider for a period defined in the purchase description; Any purchases NOT subject to monthly recurring payments SHALL NOT be made to pay them. Any purchases NOT subject to automatic renewal shall not be automatically renewed.
Any price changes of The Services shall not affect the price, or monthly recurring prices of users who are currently up to date on payments, and who are actively working with The Smartr App Company, LLC. on a service which is being provided.
We require no credit checks, background checks, or income verification for monthly recurring payments.
The Buyer also understands that any services which require a monthly recurring payment are paying for the FULL and ONGOING development or production of said product or service.
By providing The Smartr App Company, LLC. with a payment method, you represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; you also authorize The Smartr App Company, LLC. to charge you for The Services or available content using your payment method; and authorize The Smartr App Company, LLC. to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription based or monthly recurring Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring billing/Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
When you purchase the Services on a monthly recurring/subscription basis (e.g., monthly, every 3 months, every 6 months, or annually (as applicable), you acknowledge and agree that you are authorizing recurring payments, and payments shall be made to The Smartr App Company, LLC. by the method you have chosen at the recurring intervals chosen by your time of purchase, until the subscription for that Service is terminated by you or by The Smartr App Company, LLC.
By authorizing recurring payments, you are authorizing The Smartr App Company, LLC. to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit/debit card or similar payments) (collectively, “Electronic Payments”). Any subsequent fees are generally billed or charged in advance of the applicable recurring/subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, The Smartr App Company, LLC. or its service providers reserve the right to collect any applicable return item, rejection, or insufficient funds fee and to process any such payment as an Electronic Payment.
If any returns are made anywhere on our software, no earnings shall be refunded. All earnings paid to users will stay with those users, regardless of when or how the refund is made.
Automatic Renewal: Provided that automatic renewals are allowed in your state, we will inform you by email before automatically renewing your Services, unless purchased on a subscription basis. Once we have informed you that the Services will be automatically renewed, The Smartr App Company, LLC. may automatically renew your Services and charge you the then current price for the renewal term. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Service Provider to the Buyer under this Agreement and such shall be payable by the Buyer to the Service Provider in addition to all other charges payable hereunder.
Payout means the amount specified in (or calculated under) the rules of this Service as being payable from the The Smartr App Company, LLC. and Smartr Marketing to the user, if one or more specified conditions is satisfied.
Only The Smartr App Company, LLC. and Smartr Marketing will determine if you have met the requirements to receive payouts. Our service, currently, is only providing payments declared here. It is not permitted to payout earnings for unauthorized Services.
Smartr app and Smartr Marketing provide payouts for users and payouts for businesses.
We are not responsible for any error or omission in the name, mailing address, or Destination Account information you provide, or for any errors, bugs or other problems of the Payment Processor.
You understand that the Payout amount may be changed by the Service at any time.
Payouts are made to a valid account according to the payout methods and schedules provided by our Service. We may delay or decide not to make a payout to fulfill our compliance obligations and internal risk policies, or for violations of these Terms. You may only do transactions through the Merchant Payment Services that are authorized by our Service. To enable us to process Transactions for you, you authorize and direct Financial Services Providers, including SPC, to receive and pay any funds owed to you through the Payment Services, and you will identify The Smartr App Company, LLC. and Smartr Marketing as your agent for purposes of providing the Payment Services to you.
The Smartr App Company, LLC. and Smartr Marketing reserves the right, in its sole discretion, to increase the applicable Transaction Fees.
You are solely responsible for all of the terms and conditions of any transactions involving the usage of our Service, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Smartr apps, Smartr websites and Smartr Marketing and, if applicable, your listing, purchase, solicitation of offers to purchase etc. In addition, you shall be responsible for paying any and all taxes applicable to any services you use on the Site (excluding any taxes on Smartr app’s and Smartr Marketing’s net income). This responsibility includes applicable customs and fees for import and export sales; The Smartr App Company, LLCs, and Smartr Marketing assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through Smartr apps, Smartr websites and Smartr Marketing. The Smartr App Company, LLC and Smartr Marketing are not responsible, in any manner, for paying taxes on your earnings.
You agree to be an independent contractor. You are solely responsible (i) for determining what, if any, taxes or fees apply to your Transactions; and (ii) assessing, collecting, reporting, or remitting Taxes to the appropriate tax authority. When you provide us your tax identification number, you agree that we may send electronic reports of tax documents (including Form 1099-K) to you. We are not obligated to nor will we determine the applicability of any Taxes, or calculate, collect, report, or remit any Taxes to any tax authority arising from any Transaction, but we may withhold any amounts that we deem appropriate to cover such Taxes if we cannot validate any tax identification number you provide us. We may send documents to you and tax authorities for Transactions processed using the Services. Specifically, pursuant to the Internal Revenue Code, we may be required to file an informational return with the IRS reporting Transactions and third-party network transactions with legal entities or persons that occur in a given calendar year. If you use Payment Services, you acknowledge that we will report the total amount of payments you receive each calendar year as required by the Internal Revenue Service.
Please use our service carefully. Smartr app and Smartr Marketing have the following refund rules.
Note that we DO NOT give back earnings. Any refunds made will not include earning amounts. This rule is non-flexible and strictly do not allow refunds or exchanges under any circumstances. Once you have used our service and paid for it, it means you have consented to our refund and exchange conditions. Therefore it is not possible for us to challenge this or bypass these conditions.
If you have any questions, please contact us, we will do our best to resolve the problem.
As a member of The Smartr App Company, LLC. and Smartr Marketing, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termintaion request to firstname.lastname@example.org 60 days prior to termination date.
As a member, you agree that The Smartr App Company, LLC. and Smartr Marketing may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit you account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
1. any breach or violation of our Terms and Conditions or any other incorporated agreement, regulation and/or guideline
2. by way of request from law enforcement or any other governmental agencies
3. unexpected technical or security issues and/or problems
4. any extended periods of inactivity
5. any engagement by you in any fraudulent or illegal activities
6. the nonpayment of any associated fees that may be owed by you in connection with your Smartr Marketing account Services.
Furthemore, you herein agree that any and all terminations, suspensions, discontinuances, and/or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with Smartr Marketing shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within Smartr Marketing
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part of thereof
c) the barring of any further use of all or part of our Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Smartr App Company, LLC. and Smartr Marketing as a result of this agreement or use of the Site. The Smartr App Company, LLC. and Smartr Marketing’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Smartr App Company, LLC. and Smartr Marketing’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Smartr App Company, LLC. and Smartr Marketing with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Smartr App Company, LLC. and Smartr Marketing with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Smartr App Company, LLC. and Smartr Marketing with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
RULE OF CONDUCT
During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do anything of the following:
1. send or otherwise post unauthorized commercial communications (such as spam) on the Site
2. collect users’ content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission; 3. upload viruses or other malicious code
4. solicit login information or access an account belonging to someone else
5. bully, intimidate, or harass any other User
6. provide any false personal information on the Site, or create an account for anyone other than yourself without permission
7. create more than one personal profile
8. post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties
9. harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site
10. take any action creating a disproportionately large usage load on the Site unless expressly permitted by us
11. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content
12. sell anything on or through my mobile app
13. delete, hide, remove or modify any Content or communication of the Site or of other individuals other than yourself; Encourage participation or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the website.
Children Under Thirteen
The Smartr App Company, LLC. and Smartr Marketing does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Smartr Marketing only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Smartr Marketing may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Smartr App Company, LLC. and Smartr Marketing and The Smartr App Company, LLC. and Smartr Marketing is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Smartr Marketing is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Smartr App Company, LLC. and Smartr Marketing of the site or any association with its operators.
Certain services made available via The Smartr App Company, LLC. and Smartr Marketing are delivered by third party sites and organizations. By using any product, service or functionality originating from the The Smartr App Company, LLC. and Smartr Marketing domain, you hereby acknowledge and consent that The Smartr App Company, LLC. and Smartr Marketing may share such information and data with any third party with whom The Smartr App Company, LLC. and Smartr Marketing has a contractual relationship to provide the requested product, service or functionality on behalf of The Smartr App Company, LLC. and Smartr Marketing users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Smartr Marketing strictly in accordance with these terms and conditions. As a condition of your use of the Site, you warrant to The Smartr App Company, LLC. and Smartr Marketing that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Smartr App Company, LLC. and Smartr Marketing or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Smartr App Company, LLC. and Smartr Marketing and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Smartr App Company, LLC. and Smartr Marketing or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Smartr App Company, LLC. and Smartr Marketing has no obligation to monitor the Communication Services. However, The Smartr App Company, LLC. and Smartr Marketing reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Smartr App Company, LLC. and Smartr Marketing reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Smartr App Company, LLC. and Smartr Marketing reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Smartr App Company, LLC. and Smartr Marketing’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Smartr App Company, LLC. and Smartr Marketing does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Smartr App Company, LLC. and Smartr Marketing specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized spokespersons of The Smartr App Company, LLC. and Smartr Marketing, and their views do not necessarily reflect those of The Smartr App Company, LLC. and Smartr Marketing.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to The Smartr App Company, LLC. and Smartr Marketing or Posted on Any of The Smartr App Company, LLC. or Smartr Marketing’s Web Page
The Smartr App Company, LLC. and Smartr Marketing does not claim ownership of the materials you provide to The Smartr App Company, LLC. and Smartr Marketing (including feedback and suggestions) or post, upload, input or submit to any of The Smartr Company and Smartr Marketing’s Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Smartr App Company, LLC. and Smartr Marketing, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Smartr Marketing is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Smartr Marketing’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Smartr Marketing account to third party accounts. By connecting your Smartr Marketing account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by The Smartr App Company, LLC. and Smartr Marketing from our offices within the USA. If you access the Service from a location outside USA, you are responsible for compliance with all local laws. You agree that you will not use The Smartr App Company, LLC. and Smartr Marketing Content accessed through The Smartr App Company, LLC. and Smartr Marketing’s web site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless The Smartr App Company, LLC., Smartr Marketing, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Smartr App Company, LLC. and Smartr Marketing reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Smartr App Company, LLC. and Smartr Marketing in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Smartr App Company, LLC. and Smartr Marketing agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE SMARTR APP COMPANY, LLC., LLC, SMARTR MARKETING, AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE SMARTR APP COMPANY, LLC., LLC., SMARTR MARKETING, AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE SMARTR APP COMPANY, LLC., LLC., SMARTR MARKETING, AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Changes to Terms
The Smartr App Company, LLC. and Smartr Marketing reserves the right, in its sole discretion, to change the Terms under which The Smartr App Company, LLC. and Smartr Marketing is offered. The most current version of the Terms will supersede all previous versions. The Smartr App Company, LLC. and Smartr Marketing encourages you to periodically review the Terms to stay informed of our updates.
The Smartr App Company, LLC. and Smartr Marketing welcomes your questions or comments regarding the Terms:
Effective as of July 3rd , 2017.