Terms of Service
This Agreement was last modified on July 15, 2023.
Please read these Terms of Service (“Agreement” or “Terms of Service”) carefully before using smartyassets.com (“the Site”, “Smarty Assets”, “us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at smartyassets.com.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
Content
All content on this Site, including art work, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Content”) is the property of Definition.org and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Third party content, including trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by Definition.org subject to license, or subject to the fair use provisions of U.S. copyright or trademark law.
We assume no responsibility regarding the accuracy of the Content and use of such Content is at your own risk. We provide no assurances that any reported inaccuracies in any Content can or will be resolved. By furnishing the Content, we do not grant any licenses to any copyrights, patents or any other intellectual property rights. You agree not to display or use any Content in any publications, in public performances, for any commercial purpose, in connection with products or services that are not those of Smarty Assets, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Smarty Assets and/or its licensors, that dilutes the strength of Smarty Assets or its licensor’s property, or that otherwise infringes Smarty Assets or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content.
Indemnification
You agree to indemnify and hold Smarty Assets, its parents, subsidiaries, officers, employees, and website contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of these Terms or any violations thereof by your dependents.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by Smarty Assets.
Smarty Assets has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Representations, and Limitations of Liability
Smarty Assets makes no representations about the reliability of the features of this Site, the Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material and/or systems will be at your own risk. Smarty Assets makes no representations regarding the amount of time that any Content or User Content will be preserved. THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DEFINITION.ORG BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL SMARTY ASSETS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SMARTY ASSETS’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL SMARTY ASSETS’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Wyoming, United States, without giving effect to any principles of conflicts of law. You consent to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming in connection with any proceeding arising out of or relating to this Agreement or the Site.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Miscellaneous
Both you and Smarty Asserts acknowledge and agree that no partnership is formed and neither of you nor Smarty Asserts has the power or the authority to obligate or bind the other.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. These Terms constitute a binding agreement between you and Smarty Asserts, and is accepted by you upon your use of the Site or your Account. These Terms constitutes the entire agreement between you and Smarty Asserts regarding the use of the Site and your Account.
To the extent permitted by law, you agree not to bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Smarty Asserts and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. This provision preventing you from bringing, joining or participating in class action lawsuits does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action as provided above.
Contact Us
If you have any questions about this Agreement, please contact us at legal@smartyassets.com.