SmarterCredit.com
Online terms of service

Last updated: September 25, 2023

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Agreement between user and smarter credit inc.
– please read

Smarter Credit Inc. (“Smarter Credit”) provides “The User” with access to its content, resources, tools for communication, public forums, commerce platforms, and other services through its network of websites (“The Service”). Smarter Credit provides its service to the User subject to the following Terms of Service.

Smarter Credit is not responsible for providing you with access to the facilities or equipment (in any form) to use its service. You, “The User”, understand and agree that the Service may include advertisements and sponsorships and that these are necessary for Smarter Credit to provide the Service. You also understand and agree that Smarter Credit makes no admission or submission about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services, and related graphics contained within the Service for any purpose. The Service is provided “as is” and without warranty of any kind. Smarter Credit hereby disclaims, to the fullest possible extent, all warranties and conditions with respect to the Service.

This website and our services are only available to those individuals who are 18 years of age or older and who live in the United States. If you are younger than 18 years old and/or live outside of the United States, please leave this website.

Disputes pertaining to this website and our services are determined by arbitration. Please see the arbitration and class action waiver provisions below.

Acknowledgment and acceptance of terms of service

The Service is provided to you, “The User”, under the terms and conditions and any amendments thereto and any operating rules or policies that may be published from time to time by Smarter Credit as part of the Terms of Service and related disclosures which are cumulatively included herein by reference.

Modification of these terms of use

Smarter Credit reserves the right to change any of the terms, conditions, and notices under which the Services are offered. You are responsible for regularly reviewing these terms and conditions, including changes/modifications if any incorporated by us from time to time. Your continued use of the Service constitutes your agreement to all such terms, conditions, and notices.

Modification to the service

Smarter Credit reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice to “The User” at any time and from time to time. “The User” agrees that Smarter Credit shall not be liable to “The User” or any third party for any modification or discontinuance of the Service.

User conduct

The Service may include e-mail services, forums, and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Tools for Communication”). You agree to use the Tools for Communication only to post, send and receive messages and material that are proper, appropriate, and, when applicable, related to the particular tool for Communication. You also hereby agree that you shall not make use of “The Service” for any commercial purpose, including reselling and/or co-branding/private labeling.

As a condition of your use of the Service you, “The User”, agree to provide: (a) true, accurate, current and complete information about yourself (b) maintain and promptly update any of your personal information to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, Smarter Credit has the right to terminate the user account and refuse any and all current or future use of the Service. (c) Smarter Credit the right to use / disclose the aggregate registration information to third parties in connection with marketing of services, subject to the privacy policy. You have also consented that Smarter Credit has the right, but not the obligation, to use your registration information to provide targeting of advertising and other service offers. This could also be used to customize the content you see, to fulfill your requests for certain products and services and to contact/inform you through e-mail or otherwise about special offers or new products.

Usage obligations

As a condition of your use of the Service you will not use the Service for any illegal purposes. You will be solely responsible for the contents of transmissions made by you through the Service.

You agree not to use the Service to: (a) Obstruct or hinder the use and enjoyment of the Service by other Users; (b) Violate any applicable local, state, national, and international laws and regulations; (c) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Interfere with or disrupt the Service or servers or networks connected to the Service, or defy any requirements, regulations or guidelines of networks connected to the Service; (e) Upload, post, e-mail, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another’s privacy, caste related, ethnically or otherwise objectionable; (f) Upload, post, e-mail, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same; (g) Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another; (h) Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service. (l) Violate any laws.

Smarter Credit reserves the right to terminate your access to any or all of the Services, at any time, without notice, for any reason whatsoever.

Smarter Credit reserves the right to the extent applicable and to the extent the same is not waived through these provisions, at all times, to divulge any information as it considers 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, particularly, though without limitation, to the publicly accessible areas of the Service that are intended to be available to the general public.

In view of the global nature of the internet, “The User” understands and agrees that the technologies used for communication may be required to be capable of sending and receive messages, and to conform to the technical requirements of connecting networks, to conform to the limitations of the Service, or to conform to other, similar technical requirements.

User account, password, and security

As part of the Service’s registration process, it may be necessary to provide us with current, complete and accurate information as requested by the registration form. You will then choose a username and password. You take total responsibility for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities that occur under your account. You agree to notify Smarter Credit immediately of any unlawful/unauthorized use of your account or any other security violation. You agree to ensure that you exit from your account at the end of each session. You understand that Smarter Credit will not be liable for any loss or damage in any form incurred as a result of unauthorized usage of your account, with or without your knowledge. However, you could be held liable for losses or damages incurred by Smarter Credit or a third party as a result of your failure to comply with this clause. You also agree not to use anyone else’s account, at any time, without the prior permission of the account holder.

Privacy policy

Limitation of liability

You expressly understand and agree that to the extent permitted, Smarter Credit shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Smarter Credit has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Governing law and dispute resolution–arbitration and class action waiver

HOW WE AGREE TO RESOLVE DISPUTES– MANDATORYARBITRATION OF ALL CLAIMS AND DISPUTES: THIS SECTION PROVIDES IMPORTANT INFORMATION ABOUT BINDING ARBITRATION. UNLESS YOU OPT-OUT OF THIS ARBITRATION AGREEMENT BY E-MAILING info@SmarterCredit.com WITHIN 30 DAYS OF FIRST SIGNING UP FOR SERVICES, YOU AND WE SHALL BE BOUND BY THIS BINDING AGREEMENT TO ARBITRATE ANY CLAIMS, AND GIVE UP ALL RIGHTS TO SEEK RELIEF IN THE COURTS EXCEPT AS PROVIDED HEREIN TO ENFORCE ANY ARBITRATION AWARD. This Agreement shall be governed by the laws of the State of California, and any Conflict of Law provisions thereunder. In the event of any controversy, claim, or dispute between the parties arising out of or relating to this Agreement, the parties agree to resolve all issues solely through the use of binding Arbitration, governed by the rules of the American Arbitration Association (“AAA”) pursuant to the Federal Arbitration Act. Any such Arbitration shall take place within the state and county in which Client resides or at such other location as the parties may agree and shall be conducted by a mutually agreed upon Arbitrator. The arbitrator shall be neutral, independent, and shall comply with the AAA code of ethics. The arbitrator or arbitration panel shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability or formation of this Agreement and of this arbitration requirement. The award rendered by the Arbitrator shall be final, binding on all parties, but subject to review in accordance with applicable statutes, rules and regulations governing arbitration awards. Judgment on the award made by the Arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the Arbitrator’s award, the injured party may petition the Circuit Court for enforcement. The parties further agree that either party may bring claims against the other only in his/her, or its individual capacity and not as a Plaintiff or class member in any purported class action or representative proceeding. Further, the parties agree that the Arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of representative or class proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award. This section and the arbitration requirement shall survive termination of Services or the Agreement.

Content provided to the service

Smarter Credit does not claim ownership of the “content” (in the form of data, text, software, music, sound, photographs, graphics, video, messages or other materials) you provide to Smarter Credit (including feedback and suggestions) or post, upload, privately transmit, input or submit to any Smarter Credit site or service for review by the general public. However, by posting, uploading, or making available content or any other material, you grant Smarter Credit and its affiliate sites 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.

Copyright and trademark notices

All material included on the Site, except third party content as referenced above, is the property of Smarter Credit and is protected by United States and international copyright laws. No portion of the material on the Site may be reprinted or republished in any form without the express written permission of Smarter Credit or, with respect to third party content, its respective owner. You may download material from the Site for your own personal, non-commercial use only, provided you do not modify the material and keep intact all copyright and other proprietary notices. You may not further distribute or display such material for any purpose. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.

Certain of the names, logos, and other materials displayed on the Site may constitute trademarks, tradenames, service marks or logos (“Marks”) of Smarter Credit or third parties. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith, with the exception of the third party Marks, remains with Smarter Credit and are protected by United States and international trademark laws. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of the Marks displayed on the Site. Your use of the Marks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited. All Marks not owned by Smarter Credit that appear on the Site are the property of their respective owners.

Copyright infringement policy

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), Smarter Credit will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

Smarter Credit’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims
Smarter Credit
c/o Greenspoon Marder, Attention: Robby H. Birnbaum, Esq.
100 West Cypress Creek Road, Suite 700
Fort Lauderdale, FL 33309
Phone: (954) 343 6959
Email: Robby.Birnbaum@gmlaw.com

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