THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY YOUR VISIT TO AND/OR USE OF THE SITE.
- AVAILABILITY AND USE OF MATERIALS ON THE SITE “Materials” include but are not limited to information, forms, documents, software, and other content present on or available to you from the Site. Smartfi may withdraw, revise, enhance or update the Site, and any services or Materials provided on the Site at any time. Materials which offer descriptions or information on available products are intended as general information and may not contain complete descriptions of all applicable terms, exclusions and conditions.
- INTELLECTUAL PROPERTY RIGHTS, COPYRIGHT AND PROPRIETARY RIGHTS IN MARKS, LOGOS AND MATERIALS The Site, and its content and functionality, including but not limited to all information, software, tests, displays, images, video and audio, copy, source code, Materials and the design and arrangement thereof (“Content”), are owned by Smartfi, its licensors or other providers of the content and functionality, and are protected by United States copyright and other applicable laws. Likewise, all service marks, logos and Materials located on the Site are owned by Smartfi unless otherwise indicated, and are also protected by United States copyright laws and all other applicable laws. Removal or reproduction, by any means, of any content and functionality, Materials, logo, service mark, or the name of Smartfi, is expressly prohibited without the prior written consent of Smartfi. If you download any Content from the Site you shall not obscure any copyright, trademark or other notices, and you acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material.
“Advertising Content” is any written or oral statement, illustration, or depiction created by Smartfi intended for Partner use, which includes but is not limited to any guide, brochure, pamphlet, flyer, mailer, video, audio, script, email, training material, insert, poster, social media content including but not limited to copy, graphic, gif, and video; whether distributed by print, television, broadcast, or electronic transmission including but not limited to: the internet, social media, and email.
Advertising Content may only be used for the Partner’s own professional use and in accordance with this Agreement. Advertising Content can be used for viewing on the Site, and for customization to include the Partner’s contact information, company logo and necessary product and licensing disclaimers. It is prohibited to use Advertising Content for the following: co-marketing, co-branding, or dual-marketing with third parties, including but not limited to, real estate agents; customization to include the addition of, removal of, or change of a voiceover, graphic, or copy. In no event shall the Advertising Content be used in any manner which Smartfi deems to be contrary to Smartfi’s best interests and may not be shared or distributed in any way contrary to this Agreement. Advertising Content may not be used for resale on any platform, for any reason. Smartfi may revoke your license to use any Advertising Content at any time, upon notice to you, if you fail to comply with these Terms, are no longer a Partner, or for any other reason. In no event shall the Advertising Content be used in any manner which Smartfi deems to be contrary to the Company’s best interests.
- ADVERTISING CONTENT LEGAL AND COMPLIANCE DISCLAIMER The Partner understands that Advertising Content provided by Smartfi 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 Content and industry regulations may change and therefore the Partner agrees to always review the Advertising Content 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 Content. The Partner agrees not to hold Smartfi responsible for any legal and/or compliance failures.
- CHARGES If Smartfi discloses at the time of your use or download of any Materials that Smartfi will charge you for use of the Materials, then your use of those Materials means that you agree to pay to Smartfi any license or use fee then being charged by Smartfi to use specified Materials. All such fees are nonrefundable.
- CHANGES The content of this Site may not be accurate, complete and/or current and may include typographical errors or technical inaccuracies. The information and materials contained on these pages, and the terms, conditions and descriptions that appear on this Site, are subject to change at any time without notice. Smartfi may change the products, services and other information identified on the Site at any time and without notice or obligation to you. Not all products and services are available in all geographic areas. You should verify all information before relying on it and any decisions which you may make based upon the information contained on the Site shall be at your sole risk and responsibility.
- LINKS TO OTHER WEB SITES The Site may, from time to time, contain links to other internet web sites for the convenience of users in locating information and services that may be of interest. You acknowledge that these third-party sites are maintained by persons or organizations which Smartfi does not control, and Smartfi expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. Smartfi does not control, endorse, promote, or have any affiliation with any other web site unless expressly stated in the Site or in the other web site.
- USE OF THE INTERNET Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. While Smartfi endeavors to apply security protocols which are necessary and appropriate to the types of electronic communications which occur through use of the Site, the confidentiality of any communication or material transmitted to or from Smartfi via the Site, other web sites or internet e-mail cannot be guaranteed, including personal information such as your address or social security number. Smartfi will not be liable for any loss resulting from a cause over which Smartfi has no direct control, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
- 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 SITE OR ANY MATERIALS, 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 THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF Smartfi TO YOU EXCEED THE PRICE PAID FOR USE OF THE SITE. THE SITE AND MATERIALS 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 SITE 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 SITE OR ANY MATERIALS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR ANY MATERIALS WILL OPERATE IN AN ERROR-FREE OR UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR MATERIALS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
- PRODUCT NOTICE The product information contained on this Site has been prepared for informational purposes only and is not intended to constitute a solicitation or offer for sale, unless specifically indicated otherwise. All products listed may not be available in all states. For further information, please contact your nearest Smartfi representative who can provide you with costs and complete details.