Advertising Agreement & Limitation of Liability
WAIVER AND RELEASE OF LIABILITY
By accessing, viewing, or using the marketing materials (“Advertising”) provided to you (the “Partner”) by Smartfi Home Loans (“Smartfi®”), its employees, or its affiliates (collectively known as the “Company”), you indicate you’re understanding of the Terms laid out in this Agreement, and further agree to accept such Terms and to be legally bound by them. If you do not wish to agree to these Terms, you should not access, view, or use any of the Company’s provided materials.
Agreement: This Waiver and Release of Liability.
Terms: The content laid out in this agreement.
Advertising: Any written or oral statement, illustration, or depiction, whether in English or any other language, that is designed to effect the sale or create interest in purchasing goods or services, whether it is distributed by print, television, broadcast, electronic transmission (including but not limited to: the internet, social media, and email), that appears on or in a label, package, package insert, radio, television, cable television, brochure, newspaper, magazine, guide, pamphlet, leaflet, circular, mailer, book insert, free standing insert, letter, catalogue, poster, chart, billboard, public transit card, point of purchase display, film, slide, audio program transmitted over a telephone system, telemarketing script, on-hold script, upsell script, training materials, program-length commercial (“infomercial”), the internet, cellular network, or any other medium. Promotional materials and items and web pages are included in the term advertisement and advertising.
Effective Date: The date on which this Agreement becomes effective, as identified on the Advertising Agreement form.
Partner: The individual entering into this agreement and the company the individual represents.
Company: Smartfi Home Loans, its employees, investors, subsidiaries, and affiliates.
Outside Parties: Any individual, group, or company not named in this Agreement.
Approved Partner: An individual or company who has applied to be a partner of Smartfi Home Loans and has a current status of approved.
- LICENSE TO USE ADVERTISING The Company grants you, the Partner, a non-exclusive, non-transferable, temporary license to use Advertising. The license to use Advertising is granted solely to the named Partner in the Advertising Agreement form and is not extended beyond that individual, including but not limited to employees of the same company. If Advertising is found to have been distributed by the Partner to any Outside Parties of this Agreement, the Partner agrees to be held liable for any actions or consequences of the Outside Parties’ use of Advertising. The Partner agrees not to re-sell Advertising on any platform, for any reason. If Smartfi® finds that the Partner sold Advertising, the Partner agrees to pay to Smartfi® any license or use fee then being charged by Smartfi® for the sale of specified Advertising. All such fees are nonrefundable. Smartfi® may revoke your license to use any Advertising at any time, upon notice to you, if you fail to comply with these Terms, are no longer an Approved Partner, or for any other reason. In no event shall the Advertising be used in any manner which Smartfi® deems to be contrary to the Company’s best interests.
- LEGAL AND COMPLIANCE DISCLAIMER The Partner understands that Advertising provided by the Company is not guaranteed to be compliant with the Partner’s specific industry, use of the materials, and any other legal requirements. The Partner understands that advertising and industry regulations may change and therefore the Partner agrees to always review the Advertising with their own legal and compliance representative(s) to ensure that compliance for the Partner’s specific industry and use is met prior to distribution of the Advertising. The Partner agrees not to hold the Company responsible for any legal and/or compliance failures.
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.IN NO EVENT SHALL Smartfi® BE LIABLE TO YOU, OR TO ANY THIRD PARTIES, FOR ANY DAMAGES YOU OR A THIRD-PARTY MAY SUSTAIN DUE TO YOUR USE OR INABILITY TO USE THE ADVERTISING, EVEN IF MUTUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Smartfi® SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE ADVERTISING. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF Smartfi® TO YOU EXCEED THE PRICE PAID FOR USE OF THE ADVERTISING. THE ADVERTISING ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, Smartfi® DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE INFORMATION PRESENTED ON OR THROUGH THE ADVERTISING IS MADE AVAILABLE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND Smartfi® DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. Smartfi® DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ADVERTISING WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE ADVERTISING WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE ADVERTISING WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
- CHANGES TO THE ADVERTISING AGREEMENT & LIMITATION OF LIABILITY Smartfi Home Loans may revise and update this Agreement from time to time, in its sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Advertising thereafter. Your continued use of the Advertising following the posting of revised Agreement means that you accept and agree to the changes.
- INDEMNIFICATION You agree to defend, indemnify, and hold harmless Smartfi®, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, members, employees, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys’ fees and litigation expenses) relating to or arising from your use of the Advertising, any breach by you of these Terms, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms, or your failure to comply with applicable laws.
- GOVERNING LAW AND JURISDICTION These Terms are governed by the laws of the State of Ohio without regard to that state’s principles of conflicts of laws. You consent to the jurisdiction of the federal and state courts presiding in Medina, Ohio, and irrevocably agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. The Advertising is intended solely for individuals within the United States and Smartfi® makes no representation that the Advertising are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Advertising from other locations do so of their own volition, agree to use the Advertising only for lawful purposes, and are responsible for compliance with applicable laws.
- SEVERABILITY In the event that any provision of this Agreement is rendered invalid or unenforceable by any proper act of the federal, state, or local government, or declared null and void or unenforceable by any court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and continue to bind the parties, except to the extent that the major purposes of this Agreement would be frustrated by such continuation.
- COVENENT NOT TO SUE By accessing, viewing, or using the Advertising, the Partner agrees that he or she will never sue or attempt to sue the Company for any reason whatsoever.