SmartersCart.com is a provider of online deals information (the "Services") regarding products and services available through third-party merchants ("Merchants"). SmartersCart also has right to promote , sell other local , international products.
These terms of service ("Terms") apply to use of the SmartersCart.com website or the mobile version thereof (the "Site"). The Site is the property of SmartersCart LLC ("SmartersCart ", "we", "our", "us", etc.) By accessing, using, or contributing to the Services or the Site, and in consideration for the Services we provide to you, you agree to abide by these Terms. If you do not agree to be legally bound by all the following terms, please do not access and/or use the Site or the Services.
SmartersCart may change these Terms from time to time, at SmartersCart sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes to these Terms. Please periodically visit this section of the Site to review the current version of these Terms.
1.0 License to SmartersCart
By posting or contributing content to the Site using these Services, you are granting SmartersCart a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Site and Services, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of SmartersCart license rights to others.
1.1 Acts Against the Site/Services
SmartersCart hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Site and the Services as provided by SmartersCart solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Site or Services including, without limitation, any one or more of the following:
(a) Using the Site or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account(s) that you are not authorized to access; (e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Site or Services; (g) violating or attempting to violate any security features of the Site; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Site or Services; (j) interfering or attempting to interfere with the use of the Site by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Site; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Site or Services without the express written permission of SmartersCart; (l) tampering with the operation, functionality, or the security of the Site or Services; (m) attempting to override or circumvent any security or usage rules embedded into the Site or Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Site or Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Site by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site or Services; (r) engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Site; (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (u) deep-linking to any portion of this Site without our express written permission; (v) acting illegally or maliciously against the business interests or reputation of SmartersCart, including SmartersCart.com, our Merchants or our services; (w) hyperlinking to the Site from any other website without our initial and ongoing consent; (x) using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with SmartersCart; (y) reselling or repurposing your access to the Site or any purchases made through the Site; or (z) using the Site or any of its resources to solicit other users of the Site, Merchants or other business partners of SmartersCart to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with SmartersCart, including without limitation, aggregating current or previously offered coupons or deals.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.
1.2 Parental Notice
Pursuant to 47 U.S.C. Section 230(d) as amended, SmartersCart hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).
All feedback, suggestions, ideas, and other submissions disclosed to SmartersCart in connection with your use of the Site or Services (collectively, "Feedback") will be SmartersCart property. Such disclosure of Feedback will constitute an assignment to SmartersCart of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback. SmartersCart will be under no obligation to maintain any Feedback in confidence, pay any compensation for any Feedback, or respond to any Feedback.
2.1 Information Accuracy
SmartersCart makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted on the Site or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted on the Site. SmartersCart is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted on the Site. SmartersCart is not responsible for the change of information at third party sites including but not limited to rebate information, pricing, availability or fitness for use. You understand that SmartersCart does not and cannot review all material made available through websites linked or linking to any part of the Site. SmartersCart does not warrant that the Site or any functions contained in SmartersCart content on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL SmartersCart OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SmartersCart WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
You understand that any linking to or from the Site does not imply in any way that SmartersCart endorses or is affiliated with any third-party website. You agree that SmartersCart bears no responsibility or liability for any content accessed or harm caused from any third-party website.
2.3 Trademark Information
You agree that all of SmartersCart 's trademarks, trade names, service marks, and other logos and brand features, including " SmartersCart ", displayed on the Site ("Marks") are trademarks and the property of SmartersCart. You agree not to display or use SmartersCart 's Marks in any manner without SmartersCart 's prior permission.
2.4 Intellectual Property Ownership
All right, title and interest in the Site and the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to SmartersCart or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Site and the Services constitute a valuable trade secret and/or is the confidential information of SmartersCart or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Site or the Services, in whole or in part. All content and materials included as part of the Site or the Services, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of SmartersCart or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and SmartersCart owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause SmartersCart and its licensors irreparable injury, which may not be remedied at law, and you agree that SmartersCart and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
2.5 Digital Millennium Copyright Act Policy
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA"). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the Site will comply with applicable copyright laws. If SmartersCart receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access to the Site in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
2.6 Designated Agent
SmartersCart’s Designated Agent to receive notification of alleged infringement under the DMCA is:
SmartersCart , POBOX 251181,West Bloomfield MI 48325
Upon receipt of proper notification of claimed infringement, SmartersCart will follow the procedures outlined herein and in the DMCA.
THIS SITE IS PROVIDED BY SMARTERSCART ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMARTERSCART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMARTERSCART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMARTERSCART DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SMARTERSCART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMARTERSCART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.