EFFECTIVE DATE: July 1, 2017
Please be aware that we may change or replace the Terms from time to time, at our sole discretion. If we make changes to the Terms, we will notify you by posting those changes to this Site. Any modifications to the Terms will go into immediate effect after they have been posted. Your continued use of the Site after we post any changes constitutes your consent to the updated Terms.
The Terms are in addition to any other terms and conditions that may apply to our pawn and title loan services (“Services”) or particular activities or functionalities of the Site. Where appropriate, please review those specific terms and conditions. In the event of a conflict between the Terms and the specific terms and conditions of a particular Service, or particular activities or functionalities of the Site, the specific terms and conditions apply.
You agree to provide accurate, current, and complete information about yourself when you use the Site. You further agree to promptly update information about yourself as a user of the Site.
The Site is not intended for use by anyone under the age of 18 or by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations.
Subject to the Terms, SMART Financial Operations grants you a non-exclusive, non-transferable, limited, and revocable license to access the Site for your personal use only (“Your License”).
The Site and any content, materials downloaded, and intellectual property pertaining to or contained on the Site (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by SMART Financial Operations or third parties; all rights, title, and interest therein shall remain the property of SMART Financial Operations and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.
You are authorized solely to view and retain a copy of pages related to the Site or Services, as well as relevant documents, images, or other materials on the Site for your own personal use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion thereof, for any public or commercial use, without the express written consent of SMART Financial Operations. Additionally, you agree that you (i) will not remove or alter any author, trademark, or other proprietary notice or legend displayed on the Site or Services (or printed pages produced from the Site); and (ii) will not make any other modifications to any documents obtained from the Site or Services other than in connection with completing information required to use the Site or Services for their intended purposes.
Use of Information and Materials
The content, information, and materials contained on the Site and the Terms, policies, and descriptions that appear on the Site are subject to change. You accept sole responsibility for your use of the Site. Your use of the Site is limited to the intended functions of the Site. Unauthorized use of the Site, Services, or systems, including but not limited to unauthorized entry into SMART Financial Operations’s systems or misuse of any information posted on the Site, is strictly prohibited. You may not use the Site in a manner that:
- harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- uses technology or other means to access content or systems of SMART Financial Operations in a manner that is not authorized by SMART Financial Operations;
- uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access content or systems of SMART Financial Operations;
- attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- attempts to gain unauthorized access to SMART Financial Operations’s computer network or user accounts;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates these Terms or any other SMART Financial Operations policies;
- attempts to damage, disable, overburden, or impair SMART Financial Operations’s servers or networks; or
- fails to comply with applicable third-party terms.
By creating a link to a Third-Party Website, SMART Financial Operations neither endorses nor recommends any products or services offered or information contained at the Third-Party Website. SMART Financial Operations disclaims liability for any information, materials, products, or services posted or offered at any of the Third-Party Websites linked to the SMART Financial Operations Site. SMART Financial Operations also disclaims liability for any failure of any products or services offered or advertised at such Third-Party Websites.
SMART Financial Operations reserves the right, in its sole discretion, to terminate Your License or any Services provided to you and to assert legal action with respect to your use of the Site or Services that SMART Financial Operations reasonably believes is or might be in violation of the Terms, additional terms and conditions, or other SMART Financial Operations policies.
THE SITE, INCLUDING ALL CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY SMART Financial Operations OR BY THIRD PARTIES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SMART Financial Operations DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE, SERVICES, CONTENT, INFORMATION, MATERIALS, LINKS, AND OTHER ITEMS PROVIDED BY SMART Financial Operations OR BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE TO USE THE SITE AT YOUR SOLE RISK AND THAT SMART Financial Operations CANNOT GUARANTEE AND DOES NOT WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE SITE WILL BE FREE OF COMPUTER VIRUSES.
LIMITATION OF LIABILITY
IN NO EVENT WILL SMART Financial Operations BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE SITE OR YOUR USE THEREOF OR INABILITY TO USE BY ANY PARTY OR DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, LOSS OF DATA, OR OTHER DEFECT RELATED TO THE SITE, EVEN IF SMART Financial Operations OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES.
You agree to indemnify, defend, and hold harmless SMART Financial Operations, its officers, directors, employees, agents, partners, representatives, and licensors (the “Indemnified Parties” and each an “Indemnified Party”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms (including negligent or wrongful conduct) by you; (ii) your use of the Site; or (iii) information provided by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
Unless otherwise indicated, any content submitted to SMART Financial Operations via the Site shall be deemed and remain the property of SMART Financial Operations. SMART Financial Operations shall be free to reproduce, use, disclose, and distribute, for any purpose, any information, idea, concept, know-how, or technique contained in the content provided to SMART Financial Operations through the Site or in conjunction with its Services. SMART Financial Operations shall not be subject to any obligations of confidentiality regarding information submitted, except as may be expressly agreed in writing by SMART Financial Operations, or as otherwise specifically required by law.
System Outages, Slowdowns, and Capacity Limitations
At times you may experience difficulty accessing the Site or communicating with SMART Financial Operations through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an Internet service provider’s, or SMART Financial Operations’s, can experience unanticipated outages or slowdowns or have capacity limitations. SMART Financial Operations makes no warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data service on your device.
Protecting Your Devices
SMART Financial Operations makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. SMART Financial Operations is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.
Governing Law and Disputes
The Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of law, which would result in the application of the laws of another jurisdiction. The federal district court for the Orlando District has general jurisdiction and will be the exclusive venue for litigating any claims, actions, or proceedings related to the Site, Terms, or any other SMART Financial Operations policies or terms and conditions. Any such cause of action you may have must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred.
If any provision of the Terms shall be deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. SMART Financial Operations’s failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of the Terms.
If you have any questions please contact us at info@SMARTfinancialent.com.