Smartfinancial

Terms of Use

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Last revised: June 24, 2019 These Terms of Use apply in connection with any websites, online services, and/or applications owned or operated by Contactability.com LLC, an Ohio LLC (“we,” “us,” or “our”), including, without limitation, in connection with: <ul> <li> the website currently located at www.smartfinancial.com and any other website owned by us upon which these Terms of Use are linked (collectively, the “Site”). and </li> <li> any other interactive features, widgets, products, services, and resources offered by us and/or our affiliates, distributors, or licensees through, and all other content within, the Site (all of which are collectively referred to as the “Services”). </li> </ul> 1. General Provisions THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AND ANY SUPPLEMENTAL TERMS, CONDITIONS, OR RULES POSTED TO A SPECIFIC AREA OF THE SITE/SERVICES (COLLECTIVELY, “TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THE SITE AND SERVICES. IF YOU ENTER INTO A SEPARATE WRITTEN AGREEMENT WITH US (FOR EXAMPLE, AN ADVERTISER OR AFFILIATE AGREEMENT) SUCH AGREEMENT WILL TAKE PRECENDENCE OVER THESE TERMS IN THE EVENT OF A CONFLICT BETWEEN SUCH AGREEMENT AND THESE TERMS. By entering the Site or using the Services, you acknowledge and agree to all terms, conditions, and rules stated in these Terms. You are not permitted to use the Site or Services if you do not agree to be legally bound by these Terms. Please read these Terms carefully. We may, in our sole discretion, modify the Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the Terms, Site, or Services. By entering the Site or using the Services, you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the Site to review these Terms. 2. Jurisdiction and Governing Law By entering the Site or using the Services, you acknowledge and agree that they are intended for use only by citizens and residents of the United States of America residing within the United States of America aged 18 years or older and will only be governed according to the laws of the State of California without regard to conflicts of laws principles. If you are not a member of the intended audience, you are prohibited from accessing the Site or using the Services. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets or by operation of law. 3. Content The Site/Services provide you with information about insurance products and services and connects you with insurance agents, insurers, and third-party insurance service websites (such websites and their operators are referred to herein as “Insurance Services”) who may be able to provide insurance products and services. If you are an insurance agent, insurer, or Insurance Service, you may use the Site or Services to market your products to consumers or obtain information about consumers interested in insurance products. All of this information and any other information we provide to you through the Site/Services is referred to herein as “Content.” Although we make all reasonable efforts to ensure that it is correct and up-to-date, we cannot guarantee 100% accuracy. WE THEREFORE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THE SITE AND CONTENT. To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions do not apply. The Site also offers job opening information and provides ways for you to apply for positions.&nbsp. You understand that nothing contained on the Site constitutes an offer of employment by us. If you are a consumer seeking insurance products, please be aware that we are not an insurance company or an insurance agent. We help connect individuals and businesses with companies that may be able to provide insurance products. We do not charge individuals or businesses to submit inquiries regarding obtaining insurance through our Site/Services, instead, we receive a payment from the companies with whom we connect potential buyers. We do not endorse or recommend any particular insurance agent, insurer, or Insurance Service, nor do we recommend any particular insurance product(s). We do not provide insurance, tax, or financial advice of any kind. We do not guarantee that any of the insurance agents, insurers, or Insurance Services with whom we may connect you will contact you, provide you coverage, or honor any advertised discounts. We do not control and are not responsible for any communications between you and any insurance agent, insurer, or Insurance Service. 4. Password and Account Security In certain circumstances, you may create your own account on the Site/Services by completing a registration process. In doing so, you must provide us with accurate and complete registration information and update us if this information changes. If you create an account, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password or your account for any purpose. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may have been used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site/Services if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site/Services. Consent for Communications If you provide your telephone number to us via the Site or Services, you give your electronic signature and consent for us to send you marketing calls/text messages at that number using an autodialer AND/OR PRErecorded messages. You also acknowledge that your consent to receive these marketing communications is not required to purchase any goods or services. STANDARD MESSAGE AND DATA RATES MAY APPLY. If you provide your telephone number to us via the Site or Services AND GIVE CONSENT FOR COMMUNICATIONS FROM THIRD PARTIES WITH WHOM WE MAY SHARE YOUR INFORMATION, you give your electronic signature and consent for us AND SUCH THIRD PARTIES to send you marketing calls/text messages at that number using an autodialer AND/OR PRErecorded messages. You also acknowledge that your consent to receive these marketing communications is not required to purchase any goods or services. STANDARD MESSAGE AND DATA RATES MAY APPLY. IF YOU PARTICIPATE IN OUR SMS TEXTING PROGRAM, YOU ALSO AGREE TO OUR SMS TEXTING PROGRAM TERMS AND CONDITIONS LOCATED AT THE END OF THESE TERMS. 6. Our Intellectual Property All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either our property or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners. You acknowledge and agree that information and services available on the Site/Services are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by us. Except as expressly authorized by us, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, Services, or Content. Without waiving any of the foregoing rights, you may print or download information from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information from the Site/Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is prohibited. Digital Millennium Copyright Act Notice If you believe that any material on the Site/Services infringes your copyright rights, please contact our designated agent for Digital Millennium Copyright Act notices at: SmartFinancial.com Attn: DMCA 1901 Newport Blvd, Suite 300 Costa Mesa, CA 92627 Email address: info@smartfinancial.com Phone number: 855-214-2291 In your notice, please include: <ul> <li> Your physical or electronic signature. </li> <li> Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works. </li> <li> Identification of the material that you claim to be infringing, and where the material is located on the Site. </li> <li> Your address, telephone number, and email address. </li> <li> A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law. and </li> <li> A statement, under penalty of perjury, that the information in your notice is accurate. </li> </ul> If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf. 8. Submissions The Site and/or Services may let you submit material to us or to third parties: for example, you may be able to submit a request for an insurance quote, send us messages, complete a “contact us” form, post a review/testimonial, or post to a forum or message board. In these Terms, we use “Submissions” to refer to any material of any kind that you submit to us or third parties through the Site, including text, files, images, photos, video, sounds, and musical or literary works. We are not responsible for the content of Submissions provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about Submissions, including as to their legality or accuracy. We reserve the right, but are under no obligation, to refuse, remove, or edit any of your Submissions, or to restrict, suspend, or terminate your access to all or any part of the Site/Services, and we may do this with or without giving you any prior notice. We may link Submissions or parts of Submissions to other material, including material submitted by other users or created by us or third parties. We may use Submissions for our business purposes, for example, to examine trends or categories or to promote, market, or advertise our services or the products and services of others. You acknowledge that we may commercially benefit from use of your Submissions. Each time you make a Submission, you represent and warrant as follows: (a) You own your Submission or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality, or rights under contract. (b) Your Submission is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate. (c) Your Submission does not identify any individual (including by way of name, address, picture, or video) under the age of 18 and if your Submission identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your Submission. (d) You are not impersonating any other person. (e) You will not collect usernames and/or email addresses of others for the purpose of sending unsolicited email. (f) You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person. (g) You will not engage in any automated use of the system, such as using scripts to alter our Content. (h) You will not, without authorization, access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our service providers. (i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Site or any other component of our system or network or breach any security or authentication measures. We are entitled to identify you to third parties who claim that their rights have been infringed by your Submission. Submissions are not considered to be confidential. You agree not to make any Submission in which you have any expectation of privacy. We do not claim any ownership rights in Submissions. however, by making a Submission you hereby grant us an irrevocable, perpetual, fully sub-licensable, non-exclusive, royalty-free, worldwide license to use, telecast, copy, perform, display, edit, distribute, reproduce, modify, adapt, and otherwise exploit the Submission, or any portion thereof, and any ideas, concepts, or know how contained therein, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify us and our Affiliates (as defined below) for all claims arising from or in connection with any claims to any rights in your Submission or any damages arising from your Submission. 9. Disclaimers &amp. Limitation of Liability YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, DISTRIBUTORS, SERVICE PROVIDERS, VENDORS, AND LICENSEES, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, MANAGERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE/SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). IN PARTICULAR, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, QUANTITY, ACCURACY, OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE/SERVICES OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE/SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT. (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE. (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION. (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE. (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE. OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE/SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE/SERVICES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS ($5.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law. 10. Indemnity You agree to defend, indemnify, and hold us, our Affiliates, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liabilities, claims, demands, suits, investigations, losses, judgments, costs, and expenses (including reasonable attorneys' fees and costs) that arise out of or are related to your violation or alleged violation of these Terms or use of the Site/Services. 11. Dispute Resolution Any controversy, claim or dispute arising out of or related to these Terms, the Site, or the Services, but not limited to, alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. The demand for arbitration shall be made within a reasonable time after the Dispute has arisen, but in no event shall it be made more than one year from when the aggrieved party knew or should have known of the controversy, claim, or facts forming the basis of the Dispute. The arbitration shall be initiated and conducted according to American Arbitration Association rules and procedures for consumer arbitration (if you are a consumer) or commercial arbitration (if you are a business) (the “Arbitration Rules”). The arbitration shall be conducted in Franklin County, Ohio before a single neutral arbitrator appointed in accordance with the Arbitration Rules with the option to appeal the arbitrator’s decision to an Optional Appellate Arbitration in accordance with the Arbitration Rules. The arbitrator shall not have the power to award punitive damages against any party. To the fullest extent permitted by applicable law, arbitration costs and fees shall be divided equally between the parties. To the fullest extent permitted by applicable law, attorneys’ fees shall be borne by each party independently and no party shall be liable for the attorneys’ fees of the other party. Notwithstanding the foregoing, if the arbitrator determines that a filed Dispute is frivolous, the arbitrator, applying applicable law, may award the prevailing party its attorneys’ fees and costs. No Disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE. WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW. AND WAIVES ANY RIGHT TO BRING A DISPUTE MORE THAN ONE YEAR FROM WHEN IT KNEW OR SHOULD HAVE KNOWN OF THE CONTROVERSY, CLAIM, OR FACTS FORMING THE BASIS OF THE DISPUTE. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof. Any matters submitted to a court for resolution shall be submitted to the state or federal courts of Franklin County, Ohio and all parties agree to the personal jurisdiction thereof. 12. Privacy &amp. Security We maintain exclusive control of access and right of access to the Site/Services. You understand and agree that we reserve the right to revoke your access at any time without notice or cause of action for any reason whatsoever. 13. Links The Site/Services may contain links to sites or be accessed by links from sites that are owned and operated by independent third parties to which these Terms do not apply. We provide links as a convenience and the inclusion of the link does not imply that we endorse or accept any responsibility for the content on those sites. We are not responsible for content including but not limited to claims, representations, warranties, offers, illustrations, names, or endorsements on any other sites. Further, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own risk. We recommend that you review any terms of use statement and privacy policy before using any other linked site, including social media sites. 14. Contact Information If you have any questions, complaints, or claims, please contact us at: SmartFinancial.com Attn: Legal Dept. 1901 Newport Blvd, Suite 300 Costa Mesa, CA 92627 Email address: info@smartfinancial.com Phone number: 855-214-2291 Disclaimer of Warranties The Program and all information conveyed by it are provided to you on an “AS-IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. To the fullest extent permitted under applicable law, we disclaim all warranties, whether express or implied, including without limitation, any warranties of title, merchantability, non-infringement and fitness for a particular purpose and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability. We are not responsible for cellular network or equipment performance and you release us of any liability for claims based on hardware, software, electronic, network or other communications malfunctions such as incomplete messages, delayed transmissions or any technical difficulty that may limit your ability to send or receive a message.